Lacy v. Heirs of Williams
Texas Supreme Court
Appeal from Houston. The heirs of Williams, residents of Louisiana, ‘'minors, without a regular guardian in this State, who sue by their uncle and next friend, Wilford 'Williams,” tiled their petition November 29th, 1S49, alleging that- in 18415 their father, Willis Williams, departed this life, leaving a will, wherein Joint J. Burton was appointed his executor; that Burton was duly qualified, and entered upon tlie discharge of his duties as executor in the sanie year in…
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Appeal from Houston. The heirs of Williams, residents of Louisiana, ‘'minors, without a regular guardian in this State, who sue by their uncle and next friend, Wilford 'Williams,” tiled their petition November 29th, 1S49, alleging that- in 18415 their father, Willis Williams, departed this life, leaving a will, wherein Joint J. Burton was appointed his executor; that Burton was duly qualified, and entered upon tlie discharge of his duties as executor in the sanie year in Houston county, Texas, where their father resided at the time oí Ms death, and so continued as executor until 1847, when he…
1Opinion of the CourtLipscomb, J.
There are three grounds presented to our consideration by the appellant on which lie claims a reversal of the judgment in this case. We believe that he has presented the onlv points on which there could be any controversy, and we propose to limit the investigation we shall make to them, without regarding others presented by the record. It is insisted, in the first place, that flic suit is improperly brought in the names of the minor heirs and devisees, when it should have been in the name of the legal representative ; and (lie counsel supposes this question to have been settled in his favor,…
2Cases cited1 opinion
- Lamden v. SharpTennessee Supreme Court · 1847
3Cited by21 opinions
- Giddings v. SteeleTexas Supreme Court · 1866
- Rogers v. RewardTexas Supreme Court · 1880
- Collins v. McCartyTexas Supreme Court · 1887
- Galveston, Harrisburg & San Antonio Railway Co. v. WashingtonCourt of Appeals of Texas · 1901
- Pure Oil Co. v. TunnellTexas Supreme Court · 1935
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