Hallum v. Silliman
Texas Supreme Court
Appeal from Anderson. Tried below before Hon. F. A. Williams. This is an action of trespass to try title. All parties claim title through Mrs. M. L Hallum, deceased, as the common source. She died in 1879, leaving a will in which she appointed J. M. Willis independent executor. The will was duly probated January 21, 1879, J. M. Willis qualifying as independent executor and guardian of the minor children. All parties claim the land in controversy through and under this will.
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Appeal from Anderson. Tried below before Hon. F. A. Williams. This is an action of trespass to try title. All parties claim title through Mrs. M. L Hallum, deceased, as the common source. She died in 1879, leaving a will in which she appointed J. M. Willis independent executor. The will was duly probated January 21, 1879, J. M. Willis qualifying as independent executor and guardian of the minor children. All parties claim the land in controversy through and under this will. Appellants are the surviving children of the testatrix and are named in the will. They sue for all real estate sold by…
1Opinion of the Court
HENRY, Associate Justice.
—Appellants, who claim title through *349their mother’s will, brought this suit to recover land from the defendants, who claim as purchasers from the executor of the same will.
The decision of the controversy depends upon the proper construction of the following clause in the will:
“It is my will and desire that when my son Robert Hallum shall arrive at the age of twenty-one years, any balance which may remain of my estate after the payment of my debts and the sale of so much of my estate as shall be sufficient in the opinion of my executor to support and educate my…
2Cited by1 opinion
- Fox v. Merchants' Bank & Trust Co.Mississippi Supreme Court · 1929