Legal Opinion

Heller v. Heller

Court of Appeals of Texas

Decided June 29, 1921No. 8084PublishedCited by 17 opinions

Appeal from District Court, Eayette County; M. C. Jeffrey, Judge. Action by Mrs. Augusta Heller, guardian, and others, against Moritz Heller. Judgment for plaintiffs, on the sustaining of demurrer to the answer, and defendant appeals.

1Opinion of the CourtPleasants, C. J.

This is a suit by ap-pellees against appellant to cancel a deed executed by Mrs. Anna Heller, deceased, to appellant, conveying 147.25 acres of land, and to recover of appellant title and possession of five-sixths of said land.

The plaintiffs and the defendant are the children and grandchildren of Theophilus and Anna Heller, deceased. Theophilus Heller died in 1903, and his wife, Anna, in 1919. Prior to his death, Theophilus and Anna Heller executed a joint will, the provisions of which disposing of the property of the re-specitve testators are identical. By this will Theophilus Heller, after…

2Cases cited7 opinions

  1. Phelps v. HarrisSupreme Court of the United States · 1880
  2. Larrabee v. PorterCourt of Appeals of Texas · 1914
  3. Sherman v. Goodson's HeirsCourt of Appeals of Texas · 1920
  4. Bevans v. MurrayIllinois Supreme Court · 1911
  5. Feegles v. SlaughterCourt of Appeals of Texas · 1915

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3Cited by17 opinions

  1. Ohms v. Church of the NazareneIdaho Supreme Court · 1942
  2. Ellsworth v. AldrichCourt of Appeals of Texas · 1927
  3. Curtis v. AycockCourt of Appeals of Texas · 1944
  4. Johnson v. JohnsonCourt of Appeals of Texas · 1957
  5. In Re Estate of BucknerSupreme Court of Kansas · 1960

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