Hawes v. Nicholas
Texas Supreme Court
Appeal from Calhoun. Tried below before Hon. H. C. Pleasants. This was an application by Miss Emma J. Nicholas, appellee, to probate an instrument dated in 1873, which she alleged to be the last will of H. W. Hawes, deceased, filed in the County Court of Calhoun County.
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Appeal from Calhoun. Tried below before Hon. H. C. Pleasants. This was an application by Miss Emma J. Nicholas, appellee, to probate an instrument dated in 1873, which she alleged to be the last will of H. W. Hawes, deceased, filed in the County Court of Calhoun County. The widow and children filed an answer contesting her application on the grounds—first, that decedent died intestate; second, that decedent made and executed with the solemnities and formalities required by law another will in 1879, in which he expressly revoked all other wills theretofore made by him, and after keeping the…
1Opinion of the Court
Henry, Associate Justice.
In the year 1873 H. W. Hawes executed a will by which he devised specified portions of his estate to one of his sons and his granddaughter Emma J. Nichols.
This paper was styled a deed, and shortly after its execution was acknowledged by the maker and recorded as a deed by the county clerk of Calhoun County. The instrument remained in the custody of one of the devisees and was produced by him after the death of the maker.
In the year 1879 the said H. W. Hawes executed another will in which he expressly revoked all prior wills, and which was inconsistent in some material…
2Cases cited1 opinion
- Colvin v. WarfordCourt of Appeals of Maryland · 1863
3Cited by13 opinions
- Brackenridge v. Roberts and McIntyreTexas Supreme Court · 1925
- Brackenridge v. RobertsTexas Supreme Court · 1924
- Ford's EstateSupreme Court of Pennsylvania · 1930
- Stetson v. StetsonIllinois Supreme Court · 1903
- Clover v. CloverCourt of Appeals of Texas · 1920
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