Legal Opinion

Millican v. Millican

Texas Supreme Court

Decided July 1, 1859PublishedCited by 42 opinions

Appeal from Brazos. Tried below before the Hon. Charles A. Frazer. This suit was instituted by the appellants, as the heirs at law of James D. Millican, deceased, to re-open the succession of Robert Millican, the father of the said James D. Millican, and of Nancy Millican, his mother, and also of William Templeton Millican, Ms brother, who died without issue; to set aside certain conveyances made by the said Nancy Millican, in her lifetime, to the defendants John Millican…

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Appeal from Brazos. Tried below before the Hon. Charles A. Frazer. This suit was instituted by the appellants, as the heirs at law of James D. Millican, deceased, to re-open the succession of Robert Millican, the father of the said James D. Millican, and of Nancy Millican, his mother, and also of William Templeton Millican, Ms brother, who died without issue; to set aside certain conveyances made by the said Nancy Millican, in her lifetime, to the defendants John Millican and Elliot M. Millican; and to recover from them the interest of the said James D. Millican, in the estates of the said…

1Opinion of the CourtWheeler, C. J.

The plaintiffs, heirs of James D. Millican, seek to recover in this action, his distributive share of the estates of his father, Robert, and his mother, Nancy Millican. The defendants, John and Elliott Millican, oppose to the plaintiffs’ claim, the administration, and final settlement and distribution of the estate of Robert Millican, in the Probate Court, in 1845, and the deeds of Nancy Millican of the 4th of August, of the same year; under which they claim to be entitled to retain the property in their possession, derived from the distribution of the estate of their father, Robert, and by…

2Cases cited4 opinions

  1. Jenkins v. PyeSupreme Court of the United States · 1838
  2. Saufley v. JacksonTexas Supreme Court · 1856
  3. Crain v. CrainTexas Supreme Court · 1856
  4. Thompson v. DuncanTexas Supreme Court · 1846

3Cited by42 opinions

  1. Lancaster v. LancasterTexas Supreme Court · 1956
  2. Wilbur v. WilburCalifornia Supreme Court · 1925
  3. Nobles v. HuttonCalifornia Court of Appeal · 1907
  4. Soberanes v. SoberanesCalifornia Supreme Court · 1893
  5. Craycroft v. CrawfordTexas Commission of Appeals · 1926

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