Kennedy v. Upshaw
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo. Abbott. S. C. Upshaw and John P. Cox filed their application in the county court of Hill county, on April 15, 1883, for the probate of the last will and testament of James H. Martin, wherein they alleged that James H. Martin resided in Hill county, Texas, and that he died on March 28, 1883, leaving an estate of about $8,000 or $10,000; that deceased left a will in which S. C. Upshaw and John P. Cox were appointed executors…
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Appeal from Johnson. Tried below before the Hon. Jo. Abbott. S. C. Upshaw and John P. Cox filed their application in the county court of Hill county, on April 15, 1883, for the probate of the last will and testament of James H. Martin, wherein they alleged that James H. Martin resided in Hill county, Texas, and that he died on March 28, 1883, leaving an estate of about $8,000 or $10,000; that deceased left a will in which S. C. Upshaw and John P. Cox were appointed executors of decedent’s will; that they were not disqualified to act as such executors, and that by the terms of the will they…
1Opinion of the Court
Stayton, Associate Justice.
There is no question made as to the due execution of the will of James H. Martin, which was offered for probate by the appellees; but it is claimed that so much of that will as appointed Upshaw and Cox executors of the will, and trustees for Mrs. Hagler, was revoked by the codicil which is offered for probate by the appellant in connection with the will.
The appellees assert, and filed an affidavit to the effect, that the paper offered as a codicil is a forgery, and this presented the issue in the case.
On the trial in the county court the appellant offered in…
2Cases cited8 opinions
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Johnson v. BrownTexas Supreme Court · 1879
- Jackson ex dem. Coe v. KniffenNew York Supreme Court · 1806
- Hanley v. GandyTexas Supreme Court · 1866
- Board of Trade v. HaydenWashington Supreme Court · 1892
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3Cited by47 opinions
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