Legal Opinion

Walton v. Walton

Texas Commission of Appeals

Decided March 16, 1921No. 179-3208PublishedCited by 21 opinions

Error to Court of Civil Appeals of First Supreme Judicial District. Application by Marie Estelle Walton for appointment as temporary administratrix of the estate of N. A. Walton, deceased, contested by Nora Walton and another. Judgment for applicant was reversed, and judgment rendered for contestants, by the Court of Civil Appeals (203 S. W. 133), and the applicant brings error.

1Opinion of the CourtTaylor, P. J.

This case involves a contest between Marie Estelle Walton and Nora Walton, growing out of the application of Marie Walton to be appointed administratrix of the estate of N. A. Walton. Each claims that she was the lawful wife of the deceased at the time of his death. The former bases her claim upon a ceremonial marriage solemnized according to the forms of statutory law. The latter bases her claim on an alleged prior common-law marriage.

Walton died as a result of injuries while in the employ of the Gulf, Colorado & Santa Fé Railway Company. Marie Walton filed suit against, the company for…

2Cases cited10 opinions

  1. Hutchins v. KimmellMichigan Supreme Court · 1875
  2. Yates v. HoustonTexas Supreme Court · 1848
  3. Tweed v. Western Union Telegraph Co.Texas Supreme Court · 1914
  4. Tweed v. Western Union Telegraph CompanyTexas Supreme Court · 1915
  5. Edelstein v. J.M. BrownTexas Supreme Court · 1907

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3Cited by21 opinions

  1. Goodrich v. Pandem Oil Corp.Texas Commission of Appeals · 1932
  2. Rosetta v. RosettaCourt of Appeals of Texas · 1975
  3. Faglie v. WilliamsCourt of Appeals of Texas · 1978
  4. Estate of TormeyIdaho Supreme Court · 1927
  5. Hodge v. HicksTexas Supreme Court · 1950

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