Hagood v. Hagood
Court of Appeals of Texas
Dissenting Opinion.
1Opinion of the CourtDunklin, J.
The only controverted issue involved upon this appeal is the proper construction of the will of R. L. Hagood. The conclusion of the majority is, substantially, that as the language of the will is of itself clear and free from ambiguity, ail agreed facts shown in the statement of facts should be excluded from consideration in arriving at the testator’s intentions, because such evidence would tend to vary the express terms of the will.
Some of the quotations shown in the opinion of the majority to the effect that a will cannot be reformed to correct a mistake made by the testator in its…
2Cases cited28 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Colton v. ColtonSupreme Court of the United States · 1888
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Hardenbergh v. RaySupreme Court of the United States · 1894
- Toms v. WilliamsMichigan Supreme Court · 1879
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3Cited by4 opinions
- Briggs v. PeeblesTexas Supreme Court · 1945
- Cruse v. ReinhardCourt of Appeals of Texas · 1948
- Brown v. Fidelity Inv. Co.Texas Commission of Appeals · 1926
- Watson v. LindsleyCourt of Appeals of Texas · 1928