Smithwick v. Kelly

STAYTON, Chief Justice.

This action, in form trespass to try title, was brought by appellants, who are the sole heirs of Jeremiah Galvan, •deceased.

That the land belonged to Galvan at the time of his death, which occurred in June, 1879, is conceded.

He died testate, and his will was as follows:

“In view of a contemplated sea voyage, the uncertainty of life, and the complications which may arise in case of my sudden decease in the settlement of my estate, I do give, devise, and grant unto Thomas Carson, of Brownsville, State of Texas, and G. Follain, of Matamoros, Mexico, all of my property, both…