Houston v. Cole

Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

On March 16, 1912, Respondent F. T. Cole and his wife, Annie M. Cole, adopted Respondent Mrs. Frances Garner, then eleven months old. The adoption was under the old practice of recorded instruments as prescribed by Art. 42, R. S. 1925, enacted in 1850. In the main, the instrument was in conventional form, except that the last sentence was as follows: “The said child shall share our property as provided by the laws of Texas.” In the year 1940, Mrs. Cole died leaving a will, in which she bequeathed to Mrs. Garner…