Brown v. Wood

CRAMER, Justice.

This is an action in trespass to try title and for damages, filed by the appellees as plaintiffs in the district court against appellants as defendants. The parties will be here designated as in the trial court.

It is undisputed that W. A. Kinkead, who was the agreed common source of title, died December 9, 1897, and left a written will, executed about October 1897, reading (omitting formal parts) as follows: “First: It is my will and desire that all my estate, both real and personal and mixed, and by whatever description and wherever situated, shall be held in trust by my…