Legal Opinion

Walker v. Irby

Texas Commission of Appeals

Decided March 22, 1922No. 302-3613PublishedCited by 5 opinions

Error to Court of Civil Appeals of Second Supreme Judicial District. Contest by Mrs. Emma Irby of a will, of which Mrs. Ella Briley was proponent, Lee Walker intervening and praying for probate of the will in its entirety. From a judgment of the Court of Civil Appeals (229 S. W. 331) affirming a judgment sustaining the contest in part, Lee Walker brings error.

1Opinion of the CourtRandolph, J.

This suit originated as a contest over the probate of the will of Doctor G. B. Walker in the county court of Parker county. It will serve no purpose in our discussion of the case to detail the various stages of this proceeding, beyond the statement that on the last trial in the district court of Parker county, on a verdict of the jury answering special issues, the trial court rendered judgment sustaining the provision of the will of G. B. Walker, devising one-half of his estate to Mrs. Etta Briley, and holding that part bequeathing the other half of the property to Lee Walker null ,and void.…

2Cases cited4 opinions

  1. Florey's Executors v. FloreySupreme Court of Alabama · 1854
  2. Harrison's Appeal from ProbateSupreme Court of Connecticut · 1880
  3. Fennell v. FennellSupreme Court of Kansas · 1909
  4. Walker v. IrbyCourt of Appeals of Texas · 1920

3Cited by5 opinions

  1. Lowery v. Saunders, Texas Court of Appeals, 4th District (San Antonio)1984
  2. Womack v. WoodsonCourt of Appeals of Texas · 1943
  3. Ragland v. WagenerTexas Supreme Court · 1944
  4. Ragland, Adm. v. WagenerTexas Supreme Court · 1944
  5. Walter v. GoethCourt of Appeals of Texas · 1944

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