Montgomery v. Culton
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. James H. Bell. Benjamin F. Stockton, a resident of Colorado county, on the 7th of March, 1842, being about to start on an expedition against the Mexicans, who were invading the country, made his last will, devising the bulk of his property to his only daughter, now the defendant Anne E. Montgomery, making certain special bequests to two nephews and a niece, the children of Henry Terrill, and making said Terrill executor of…
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Appeal from Colorado. Tried below before the Hon. James H. Bell. Benjamin F. Stockton, a resident of Colorado county, on the 7th of March, 1842, being about to start on an expedition against the Mexicans, who were invading the country, made his last will, devising the bulk of his property to his only daughter, now the defendant Anne E. Montgomery, making certain special bequests to two nephews and a niece, the children of Henry Terrill, and making said Terrill executor of his will and guardian of the said Anne, and giving him “ full and efficient powers to act for her in all respects until…
1Opinion of the Court
Hemphill, Ch. J.
This suit was brought by the appellee, to recover from the appellants, as heirs at law of B. F. Stockton, dec’d, for the services of Richard H. Stockton, as overseer, on a contract made by him with Henry Terrill, the executor, and which, being allowed by the executor and approved by the Chief Justice, was transferred to the appellee. The demurrer of defendants to the petition, and which may be regarded as extending to the amended petition, was overruled ; and this has been assigned for error. This assignment raises the question whether the action on this demand against the…
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