Cliett v. Cliett
Texas Commission of Appeals
Appeal from Caldwell. Tried below before the Hon. L. W. Moore. This suit was instituted on the 7th day of August, 1875, in the district court of Caldwell county, by John V- H. Cliett, Betsy E. Harralson, joined by her husband, Eliza M. Mosely, joined by her husband, and Thomas A. J. Cliett, all of whom were alleged to reside in the state of Alabama, except Thomas A. J. Cliett, who was alleged to reside in the state of Mississippi, against Edilda H- Cliett, since deceased,…
Read the full summary
Appeal from Caldwell. Tried below before the Hon. L. W. Moore. This suit was instituted on the 7th day of August, 1875, in the district court of Caldwell county, by John V- H. Cliett, Betsy E. Harralson, joined by her husband, Eliza M. Mosely, joined by her husband, and Thomas A. J. Cliett, all of whom were alleged to reside in the state of Alabama, except Thomas A. J. Cliett, who was alleged to reside in the state of Mississippi, against Edilda H- Cliett, since deceased, but represented in this suit by Aaron Compton, administrator of her estate, and who was the widow of Thomas H. Cliett,…
1Opinion of the Court
Walker, P. J.—
The leading question in this case involves
the construction of the will, and the codicil. First as to the provisions of the will itself, viewed distinctly from the codicil, which appears, from its recitals, to have been written upon or else attached to the same paper containing the will. The devise to the plaintiffs of equal shares to the brothers and sisters of the testator’s first marriage is framed in careful language which clearly manifests the testator’s intentions. Not only does the first clause in the will, which purports to express his will concerning the disposition of…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Hall v. JacksonTexas Supreme Court · 1848
- Chrisman v. MillerTexas Supreme Court · 1855
- Frost v. FrostTexas Supreme Court · 1876
- Stevens v. StevensNew York Surrogate's Court · 1876
3Cited by5 opinions
- Lockett v. WoodCourt of Appeals of Texas · 1935
- Messer v. CarnesCourt of Appeals of Texas · 1934
- Haynes v. HendersonCourt of Appeals of Texas · 1961
- Eubank v. MooreCourt of Appeals of Texas · 1927
- Haynes v. HendersonCourt of Appeals of Texas · 1961