Fowler v. Stagner
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon. L. W. Moore. Suit brought by the appellants on November 15, 1873, contesting the validity of the probate of the will of Susan M. Larremore, proved and ordered to be recorded by decree of the county court of Caldwell county at its April term, 1869, praying that it be set aside and the property of the estate partitioned among the heirs.
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Appeal from Caldwell. Tried below before the Hon. L. W. Moore. Suit brought by the appellants on November 15, 1873, contesting the validity of the probate of the will of Susan M. Larremore, proved and ordered to be recorded by decree of the county court of Caldwell county at its April term, 1869, praying that it be set aside and the property of the estate partitioned among the heirs. The plaintiff alleged the invalidity of the will and its probate, for— 1. That it was not in the handwriting of Mrs. Larremore, and was not attested by two or more credible witnesses. 2. That J. T. Powers was not…
1Opinion of the Court
Quinan, J. Com. App.
The decree of the county court of Caldwell county, admitting to probate the will of Mrs. Larremore, was the judgment of a court having general jurisdiction over the probate of wills, and is conclusive and unimpeachable upon any collateral attack. Every presumption will be indulged in its favor. That decree will stand until set aside by a proceeding had directly for that purpose. And in such proceeding, the burden of proof is upon the party seeking to establish the invalidity of the will or its probate. Freeman on Judgments, 319a, *397608; Guilford v. Love, 49 Tex., 115;…
2Cases cited5 opinions
- Beazley v. DensonTexas Supreme Court · 1874
- Lewis v. Heirs of AylottTexas Supreme Court · 1876
- Steele v. RennTexas Supreme Court · 1878
- Gainer v. CottonTexas Supreme Court · 1878
- Nixon v. ArmstrongTexas Supreme Court · 1873
3Cited by24 opinions
- Boyd v. Frost National Bank of S.A.Texas Supreme Court · 1946
- Gamble v. ButcheeTexas Supreme Court · 1895
- Triestman v. KilgoreTexas Supreme Court · 1992
- Cook v. DenikeCourt of Appeals of Texas · 1919
- Barton v. BaileyCourt of Appeals of Texas · 1947
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