Carroll v. Carroll
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Henry J. Jewett. Suit commenced December 1st, 1854, by Thomas Carroll, against Susan Carroll, Elias Carroll, Jun., and Joseph Carroll, executors of Nathaniel H. Carroll, deceased, to set aside the will of said Nathaniel, on the ground that the testator was not of sound mind when he executed it; and in the event said will should be set aside, to establish plaintiff’s right as sole heir of the estate of said Nathaniel; and in…
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Appeal from Navarro. Tried below before the Hon. Henry J. Jewett. Suit commenced December 1st, 1854, by Thomas Carroll, against Susan Carroll, Elias Carroll, Jun., and Joseph Carroll, executors of Nathaniel H. Carroll, deceased, to set aside the will of said Nathaniel, on the ground that the testator was not of sound mind when he executed it; and in the event said will should be set aside, to establish plaintiff’s right as sole heir of the estate of said Nathaniel; and in the event said will should be sustained, to obtain a construction thereof; and against Berry L. Ham, to recover a slave…
1Opinion of the Court
Hemphill, Ch. J.
I will consider the prominent points of this controversy, without regard to the order of assignments of error, by either plaintiff or defendants. Both parties—that is the plaintiff and two of the defendants—have appealed; but the plaintiff alone has given bond, and contends that the defendants should not be heard on their assignments, except so far as they may conflict with those filed by the plaintiff. This seems plausible, and in practice would he worthy of observance; but the effect of previous decisions of this Court, especially in the case of Caperton v. Wanslow, 18…
2Cited by72 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Green v. RugelyTexas Supreme Court · 1859
- Philleo v. HollidayTexas Supreme Court · 1859
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Williams v. WilliamsWisconsin Supreme Court · 1885
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