Legal Opinion

Barnes v. Horne

Court of Appeals of Texas

Decided June 22, 1921No. 6373PublishedCited by 27 opinions

Appeal from District Court, Falls County; Prentice Oltorf, Judge. In the matter of the estate of Edwin D. Horne, deceased. A writing was offered as a will by Katherine H. Barnes and others and contested by Elsie T. Horne and others. From an adverse judgment, proponents appeal.

1Opinion of the Court

Findings of Fact.

JENKINS, J.

Edwin D. Horne’s legal residence was Marlin, Tex. He died in the naval hospital at Chelsea, Mass., September 23, 1918, intestate, unless the instrument hereinafter set forth is his holographic will. His only heirs at the time of his death were his brother, A. C. Horne, and his niece, Katherine H. Horne, now Barnes, who is joined by her husband herein. A. C. Horne is dead, and appellees are his heirs.

At the time of his death, and for some time previous thereto, Edwin D. Horne was a member of the United States navy. On February 18, 1918, he wrote the following letter…

2Cases cited4 opinions

  1. Pilcher v. PilcherSupreme Court of Virginia · 1915
  2. Webster v. LoweCourt of Appeals of Kentucky · 1899
  3. Williams v. NolandCourt of Appeals of Texas · 1895
  4. Morrison v. BartlettCourt of Appeals of Kentucky · 1912

3Cited by27 opinions

  1. Estate of ButtonCalifornia Supreme Court · 1930
  2. In Re Irvine's EstateMontana Supreme Court · 1943
  3. Simons v. McDanielSupreme Court of Oklahoma · 1932
  4. Trim v. Daniels, Texas Court of Appeals, 1st District (Houston)1992
  5. In Re Estate of HailSupreme Court of Oklahoma · 1923

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