Legal Opinion

Roots v. Robertson, Administrator

Texas Supreme Court

Decided February 19, 1900No. 869PublishedCited by 36 opinions

Ebbob to the Court of Civil Appeals for the Fifth District, in an appeal from Hopkins County. The proceeding was by Mrs. Roots, to subject to the payment of a fourth-class claim established by her against the estate of J. A. B. Putman, the homestead of deceased, which he had bequeathed, to his mother for life, with remainder to his sister, Mrs. Dinsmore, and his professional library, which he had bequeathed to Dinsmore.

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Ebbob to the Court of Civil Appeals for the Fifth District, in an appeal from Hopkins County. The proceeding was by Mrs. Roots, to subject to the payment of a fourth-class claim established by her against the estate of J. A. B. Putman, the homestead of deceased, which he had bequeathed, to his mother for life, with remainder to his sister, Mrs. Dinsmore, and his professional library, which he had bequeathed to Dinsmore. Mrs. Roots was denied the relief sought in the probate court, and again, on appeal, in the District Court, and on her further. appeal this was affirmed in the Court of Civil…

1Opinion of the Court

BROWN, Associate Justice.

-By the death of her husband, Mrs. Sarah B. Putman was, in 1859, left a widow with a number of children, among them, a son, J. A. B. Putman, and a minor daughter, Stella Putman, now Mrs. Dinsmore, one of the defendants in error. Mrs. Putman continued a widow until her death in July, 1895; she had no homestead of her own at any time, and she and her minor daughter lived with and were supported by J. A. B,. Putman, who was never married. The son was in the Confederate army from 1862 until 1865. After his return, he, with his mother and minor sister, lived with another…

2Cases cited4 opinions

  1. Zwernemann v. RosenbergTexas Supreme Court · 1890
  2. Givens v. HudsonTexas Supreme Court · 1885
  3. Griffis v. PayneTexas Supreme Court · 1898
  4. Howard v. MarshallTexas Supreme Court · 1878

3Cited by36 opinions

  1. City of Dayton v. AllredTexas Supreme Court · 1934
  2. Rettig v. Houston West End Realty Co.Texas Commission of Appeals · 1923
  3. Thompson v. KayTexas Supreme Court · 1934
  4. Pickens v. PickensTexas Supreme Court · 1935
  5. Hoefling v. HoeflingTexas Supreme Court · 1914

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