Pierce v. Wallace
Texas Supreme Court
Error from Rusk. Tried below before the Hon. M. D. Ector. Woodford Wallace made a will 17th of March, 1858, in which, after providing for the payment of his debts and the support of his sister, he devised the remainder to his four children; the property to be kept together until they became of age. Two persons were named as executors. The will contained also the clause—“I wish my estate to be kept out of the Probate Court.”
Read the full summary
Error from Rusk. Tried below before the Hon. M. D. Ector. Woodford Wallace made a will 17th of March, 1858, in which, after providing for the payment of his debts and the support of his sister, he devised the remainder to his four children; the property to be kept together until they became of age. Two persons were named as executors. The will contained also the clause—“I wish my estate to be kept out of the Probate Court.” By a codicil, the executors were empowered to “buy and sell land.” The will was admitted to probate, and an inventory was returned. One of the executors died, and the…
1Opinion of the Court
Moore, Associate Justice.
When the will of Woodford Wallace, plaintiffs’ ancestor, was made, and when the bond upon which this suit is brought was executed, the one hundred and tenth section of the act of March 20, 1848, “ to regulate proceedings in the County Court pertaining to estates of deceased persons,” was still in force. (Paschal’s Dig., p„. 335.) The language of the will is not in literal conformity with this section .of the statute, but evidently it is the same in substance and effect. No other inference can be drawn from the will, than that it was the intention of the testator that…
2Cases cited2 opinions
- Hogue v. SimsTexas Supreme Court · 1853
- Justices of the Inferior Court v. EnnisSupreme Court of Georgia · 1848
3Cited by6 opinions
- Patten v. CoxCourt of Appeals of Texas · 1894
- John Hancock Mut. Life Ins. Co. v. DuvalCourt of Appeals of Texas · 1936
- Rose v. WinnTexas Supreme Court · 1879
- In Re Dulin's EstateCourt of Appeals of Texas · 1951
- State v. VinsonCourt of Appeals of Texas · 1893
1 more not listed; retrieve them via the Exa API.