Legal Opinion

Holland v. Nimitz

Texas Supreme Court

Decided March 15, 1922No. 3452PublishedCited by 130 opinions

Error to the Court of Civil Appeals for tne Third District, in an appeal from Tom Green County. Robert S. Holland applied for probate of the will of his mother. It was contested by Mrs. Nimitz and others, co-heirs of decedent. The will was admitted to probate in the County Court, and, on appeal by contestants, in the District Court.

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Error to the Court of Civil Appeals for tne Third District, in an appeal from Tom Green County. Robert S. Holland applied for probate of the will of his mother. It was contested by Mrs. Nimitz and others, co-heirs of decedent. The will was admitted to probate in the County Court, and, on appeal by contestants, in the District Court. Contestants prosecuted appeal on which the Court of Civil Appeals rendered judgment reversing1 and remanding the case (217 S. W., 244) and Holland obtained writ of error. The case being referred to the Commission of Appeals, Section A, was by them recommended for…

1Opinion of the Court

Opinion op Commission op Appeals, Section A.

Mr. Judge SPENCER

delivered the opinion of the court.

This was a proceeding by defendants in error to contest the probating of the will of Mrs. Susan E. Holland. The will was admitted to probate in the County Court of Tom Green County, and the same result followed in the District Court of that county.

Upon appeal, the honorable Court of Civil Appeals reversed and remanded the cause, for the reason that the trial court refused to permit Mrs. Nimitz, a daughter and heir of the executrix to testify; that independently of any statement made by testatrix or…

2Cases cited4 opinions

  1. Holcomb v. . HolcombNew York Court of Appeals · 1884
  2. Leahy v. TimonTexas Supreme Court · 1919
  3. Griffie v. MaxeyTexas Supreme Court · 1882
  4. Holland v. HollandAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by130 opinions

  1. Brown v. ToddTexas Supreme Court · 2001
  2. McKelvy v. BarberTexas Supreme Court · 1964
  3. Northeast Texas Motor Lines, Inc. v. HodgesTexas Supreme Court · 1942
  4. Associated Oil Co. v. HartTexas Commission of Appeals · 1925
  5. Stewart v. MillerCourt of Appeals of Texas · 1925

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