Legal Opinion

Robinson v. Stuart

Texas Supreme Court

Decided March 12, 1889No. 2699PublishedCited by 40 opinions

Appeal from Harris. Tried below before Hon. James Masterson. January 23, 1888, D. F. Stuart filed an application in the County Court of Harris County to probate what purported to be the will of Mrs. Buckley, bearing date January 11, 1888, in which he was named independent executor without bond and Lula Kibbs Roberts and Mary L. Robinson the beneficiaries.

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Appeal from Harris. Tried below before Hon. James Masterson. January 23, 1888, D. F. Stuart filed an application in the County Court of Harris County to probate what purported to be the will of Mrs. Buckley, bearing date January 11, 1888, in which he was named independent executor without bond and Lula Kibbs Roberts and Mary L. Robinson the beneficiaries. March 8, 1888, Mary L. Robinson filed a contest setting forth that she was a child of the deceased, and that the instrument propounded by Stuart was not the will of deceased; and as grounds of contest alleged that for weeks prior to the time…

1Opinion of the Court

Gaines, Associate Justice.—

This is an appeal from a judgment probating the will of Mrs. A. R. Buckley, deceased. The proceeding was instituted in the County Court by D. F. Stuart, the executor named in the will. The probate was contested in that court by Mary L. Robinson, the appellant here, and the trial there resulted in a judgment in favor of the proponent. An appeal was taken to the District Court, where Lula Roberts, a devisee under the will, and her husband appeared and made themselves parties, and made common cause with the executor. There was a verdict and judgment establishing the…

2Cases cited6 opinions

  1. Johnson v. BrownTexas Supreme Court · 1879
  2. Kennedy v. UpshawTexas Supreme Court · 1886
  3. Moore v. HardisonTexas Supreme Court · 1853
  4. Danzey v. SwinneyTexas Supreme Court · 1852
  5. Brown v. HobbsTexas Supreme Court · 1857

1 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Scott v. TownsendTexas Supreme Court · 1914
  2. Scott v. TownsendTexas Supreme Court · 1914
  3. Perkins v. PerkinsSupreme Court of Iowa · 1902
  4. Curry v. CurryTexas Supreme Court · 1954
  5. Barksdale v. DobbinsCourt of Appeals of Texas · 1940

35 more not listed; retrieve them via the Exa API.

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