Hawes v. Foote
Texas Supreme Court
Appeal from Wharton. Tried below before the Hon. Wm. H. •Burkhart. This suit arose out of the following clause of the will of Alexander : “ I also give to said legatees (meaning appellees) my cart, all of my cattle (except oxen), and any horses of mine they may have in possession at the time of my death.”
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Appeal from Wharton. Tried below before the Hon. Wm. H. •Burkhart. This suit arose out of the following clause of the will of Alexander : “ I also give to said legatees (meaning appellees) my cart, all of my cattle (except oxen), and any horses of mine they may have in possession at the time of my death.” Alexander died January 12,1879. November 19th appellees filed a petition in the district court, sitting as a court of probate (E. Hawes, one of the defendants, being county judge), wherein they set out said provision of the will, and claimed thereunder to be entitled to all the cattle,…
1Opinion of the Court
Walker, P. J. Com. App.
The clause of the will, the proper construction of which is the paramount question in this case, reads as follows: “I also give to said legatees my cart, all of my cattle (except oxen), and any horses of mine they may have in possession at the time of mj' death.”
The court before whom the cause was tried without a jury, among its conclusions of fact, found that “ there was a partnership existing *26between said Alexander and W. J. Anderson and between the said Alexander and J. W. Eoan in the cattle fattening business, and that said partnership was in existence at the date…
2Cases cited7 opinions
- Pond v. BerghNew York Court of Chancery · 1843
- Bell County v. AlexanderTexas Supreme Court · 1858
- Travis v. MorrisonSupreme Court of Alabama · 1856
- Purvis v. SherrodTexas Supreme Court · 1854
- Veal v. FortsonTexas Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Darragh v. BarmoreTexas Commission of Appeals · 1922
- Neely v. BrogdenTexas Commission of Appeals · 1922
- Groesbeck v. GroesbeckTexas Supreme Court · 1890
- Haupt v. MichaelisTexas Commission of Appeals · 1921
- Crosson v. DwyerCourt of Appeals of Texas · 1894
18 more not listed; retrieve them via the Exa API.