Dunn v. Vinyard
Court of Appeals of Texas
Appeal from .District Court, Navarro County ; H. B. Daviss, Judge. Suit by Leana Vinyard, individually and as independent executrix, against W. F. Dunn and others. Judgment for plaintiff, and defendants appeal. E. B. Dunn, a widower with children by two deceased wives, and Mary E. Hill, a widow without children, were married June 11,1876. No child was born of the marriage.
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Appeal from .District Court, Navarro County ; H. B. Daviss, Judge. Suit by Leana Vinyard, individually and as independent executrix, against W. F. Dunn and others. Judgment for plaintiff, and defendants appeal. E. B. Dunn, a widower with children by two deceased wives, and Mary E. Hill, a widow without children, were married June 11,1876. No child was born of the marriage. Dunn died testate November 9, 1917, leaving said Mary E. and children and descendants of children by his deceased wives surviving him. The property Dunn owned at the time , he died consisted alone of his interest in the…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). The property E. E. Dunn undertook to dispose of by his will belonged to the community estate between him and his wife, Mary E. Dunn. Hence the latter, unless she had parted with her right thereto by electing in lieu of it to take the provision made for her in said will, at the time of her death owned an undivided one-half of the property (article 4622, Vernon’s Sayles’ Statutes), which half by force of her will passed to her sister, Mrs. Leana Vinyard. The trial court, being of opinion that the testimony did not warrant a finding that Mrs. Dunn elected to…
2Cases cited15 opinions
- Martin v. McAllisterTexas Supreme Court · 1901
- Carroll v. CarrollTexas Supreme Court · 1858
- Smith v. ButlerTexas Supreme Court · 1892
- Moody v. SmootTexas Supreme Court · 1890
- Campbell v. CampbellCourt of Appeals of Texas · 1919
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dunn v. VinyardTexas Commission of Appeals · 1923
- Shaw v. ShawCourt of Appeals of Texas · 1930
- Brown v. BrownCourt of Appeals of Texas · 1955
- Farmer v. ZinnCourt of Appeals of Texas · 1924
- Bailey v. BaileyCourt of Appeals of Texas · 1948
1 more not listed; retrieve them via the Exa API.