Gallagher v. Redmond
Texas Supreme Court
Appeal from Nueces. Tried below before the Hon. John C. Russell. This suit was filed September 30,1882, in the district court of ¡Nueces county, by John Redmond against John Gallagher, for trespass to try title to an undivided one-third interest in nineteen thousand five hundred and fifty-eight and one-half acres of land known as “ Casa Blanca,” originally granted to Juan Jose de la Garza Montemayor and his three sons.
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Appeal from Nueces. Tried below before the Hon. John C. Russell. This suit was filed September 30,1882, in the district court of ¡Nueces county, by John Redmond against John Gallagher, for trespass to try title to an undivided one-third interest in nineteen thousand five hundred and fifty-eight and one-half acres of land known as “ Casa Blanca,” originally granted to Juan Jose de la Garza Montemayor and his three sons. On the 16th of March, 1883, defendant filed a plea in abatement under oath. At the same time defendant also filed general and special demurrers and exceptions to plaintiff’s…
1Opinion of the Court
Watts, J. Com. App.
By the terms of the will of Henry Redmond, deceased, all his real and personal property is primarily charged with the payment of his debts; and then, in his own language, “to the devises and bequests and conditions hereinafter made and imposed agreeably to my said wishes and intentions.” And in the eighth item of the will, the testator provides that “ It is my wish and will that my children shall inherit and receive as far as practicable and possible, whenever a partition and distribution of my estate may take place, as follows, to wit.” The testator then proceeds to…
2Cases cited3 opinions
- Paschal v. AcklinTexas Supreme Court · 1863
- Rutherford v. StamperTexas Supreme Court · 1883
- Orr v. O'BrienTexas Supreme Court · 1881
3Cited by11 opinions
- Jackson v. TemplinTexas Commission of Appeals · 1933
- Lockett v. WoodCourt of Appeals of Texas · 1935
- Giraud v. CrockettCourt of Appeals of Texas · 1940
- Morey v. MoreySupreme Court of Iowa · 1901
- Broughton v. MillisCourt of Appeals of Texas · 1933
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