Cox. v. George
Court of Appeals of Texas
.Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by Mary A. Cox and others against Dula George and others for the construction of a will. Decree construing the will in favor of the defendants, and plaintiffs appeal. C. Z. Bridge married four times during his lifetime.
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.Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by Mary A. Cox and others against Dula George and others for the construction of a will. Decree construing the will in favor of the defendants, and plaintiffs appeal. C. Z. Bridge married four times during his lifetime. There were five children of the first marriage, to wit, S. A., C. B., W. E., Alice ¡D., who married one Scott, and Mary A., who married Jesse Cox; and five children of the second marriage, to wit, H. B., Roy, Duly, who married T. E. George, Jessie, who married one McCoy, and Edna M., who married one Blair.…
1Opinion of the CourtWiddson, C. J.
(after stating the facts as above.)
[1] It conclusively appeared, and the court'so found, that the children of the first marriage as the heirs of their mother owned a one-half undivided interest in the “home place,” and that their father at the time he made the will knew they so owned an ihterest in the land.
It is apparent, if the language of the first clause in the will should be construed literally and without reference to that in the other clause, that the testator undertook to dispose of the “home place” as an entirety, and not the undivided interest he owned in it. If, however, the clause…
2Cases cited3 opinions
- Crosson v. DwyerCourt of Appeals of Texas · 1894
- Morrison v. TylerIllinois Supreme Court · 1914
- McIlvaine v. RobsonCourt of Appeals of Kentucky · 1914
3Cited by6 opinions
- Sailer v. FurcheTexas Commission of Appeals · 1930
- Edds v. EddsCourt of Appeals of Texas · 1926
- Pinkston v. PinkstonCourt of Appeals of Texas · 1952
- McGrede v. McGredeCourt of Appeals of Texas · 1947
- Hubbard v. WigginsSupreme Court of North Carolina · 1954
1 more not listed; retrieve them via the Exa API.