Legal Opinion

Mills v. Mills

Texas Commission of Appeals

Decided March 16, 1921No. 201-3271PublishedCited by 60 opinions

Error to Court of Civil Appeals of Fifth. Supreme Judicial District. Proceedings by J. H. T. Mills against Marshall Mills and others to probate the will of Ella Mills, deceased. Judgment denying probate reversed by Court of Civil Appeals (206 5. W. 100), and judgment rendered, directing probate of the will, and contestants bring error.

1Opinion of the Court

Statement of the Case.

KITTBELL, J.

The Court of Civil Appeals of the Fifth Supreme Judicial District reversed a judgment of the district court of Hill county, denying probate of' an alleged will of Ella Mills, who died April 30, 1915. The judgment so denying probate was rendered pursuant to the finding of a jury that the decedent did not execute the instrument.

The Court of Civil Appeals also rendered judgment directing probate of the will, and stated its conclusion as follows:

“The trial court should have instructed a verdict in favor of appellant, and upon such a verdict should have entered…

2Cases cited14 opinions

  1. Sonnentheil v. Christian Moerlein Brewing Co.Supreme Court of the United States · 1899
  2. Cheatham v. RiddleTexas Supreme Court · 1854
  3. Mitchum v. Chicago, Rock Island & Gulf Railway Co.Texas Supreme Court · 1915
  4. Stitzle v. EvansTexas Supreme Court · 1889
  5. Rounds v. ColemanCourt of Appeals of Texas · 1916

9 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Missouri-Kansas-Texas Railroad Co. v. McFerrinTexas Supreme Court · 1956
  2. Simmonds v. St. Louis, Brownsville & Mexico Railway Co.Texas Supreme Court · 1936
  3. Flack v. First Nat. Bank of DalhartTexas Supreme Court · 1950
  4. McGuire v. City of DallasTexas Commission of Appeals · 1943
  5. McGuire v. City of DallasTexas Supreme Court · 1943

55 more not listed; retrieve them via the Exa API.

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