Wimberly v. Bailey
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. John 0. Robertson. Suit brought by appellants against appellees to recover an undivided one-fifth interest in one thousand acres of land, alleged to be the interest to which W. D. Bailey was entitled as an heir at law of W. S. Bailey and his wife, upon the death of Mrs, "W. S. Bailey.
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Appeal from Smith. Tried below before the Hon. John 0. Robertson. Suit brought by appellants against appellees to recover an undivided one-fifth interest in one thousand acres of land, alleged to be the interest to which W. D. Bailey was entitled as an heir at law of W. S. Bailey and his wife, upon the death of Mrs, "W. S. Bailey. To this appellees pleaded not guilty, and specially pleaded that Mrs. W. S. Bailey had, in the year 1871, 1872 or 1873, purchased the interest of W. D. Bailey in the estate; that Mrs. W. S. Bailey had advanced large sums to W. D. Bailey, and that W. D. Bailey really…
1Opinion of the Court
Statton, Associate Justice.
In the disposition of this cause it will not be necessary to consider the assignments of error in detail, for the questions involved may be reduced to two propositions r
1st. Begarding the property in controversy as of the community estate of W. S. Bailey and his wife, Mrs. 0. Bailey, was she in such attitude, in reference to the estate under the will, as to authorize her to set apart to W. D. Bailey, during her life, his share of the estate of his father, as well as to make an advancement to him,. which would preclude him or any one claiming under1 him from *226claiming,…
2Cases cited4 opinions
- Watkins v. EdwardsTexas Supreme Court · 1859
- Mainwarring v. TemplemanTexas Supreme Court · 1879
- Hawley v. BullockTexas Supreme Court · 1867
- Mullins v. WimberlyTexas Supreme Court · 1878
3Cited by24 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- Collum v. Sanger Bros.Texas Supreme Court · 1904
- Alkas v. United Sav. Ass'n of Texas, Inc., Texas Court of Appeals, 13th District1984
- Adams v. SlatteryTexas Supreme Court · 1956
- Johnson v. DarrTexas Supreme Court · 1925
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