Legal Opinion

Hopf v. State

Texas Supreme Court

Decided December 14, 1888No. 2296PublishedCited by 21 opinions

Appeal from Dallas. Tried below before Hon. George N. Aldredge. Appellants, F. and E. Hope, filed their written petition in the County Court of Dallas County on the 3d day of January, 1887, for the probate of the last will of Martin Meman, deceased. The petition is in the usual form and complies with the requirements of the law in such cases.

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Appeal from Dallas. Tried below before Hon. George N. Aldredge. Appellants, F. and E. Hope, filed their written petition in the County Court of Dallas County on the 3d day of January, 1887, for the probate of the last will of Martin Meman, deceased. The petition is in the usual form and complies with the requirements of the law in such cases. The will attached to and made a part of said petition and sought to be probated reads as follows: “The State of Texas, Dallas County.—In the name of God, amen. Being conscious of the fact of the uncertainty of life and the certainty of death, and being a…

1Opinion of the Court

Stayton, Chief Justice.

Appellants made application to the County-Court for the probate of a paper offered as the last will of Martin Nieman. This was resisted by the county attorney in behalf of the State, on four grounds, which were: 1. That Nieman was not of sound mind when the will was made. 2. That the pretended will was made under undue influence. 3. That by reason of an injury on the head received by Nieman his mind was affected before and at the time of making the will. 4. That the will was not wholly written by Nieman or attested by" two credible persons above the age of fourteen…

2Cases cited5 opinions

  1. In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
  2. Brown v. . ClarkNew York Court of Appeals · 1879
  3. Orser v. . OrserNew York Court of Appeals · 1861
  4. Jauncey v. ThorneNew York Court of Chancery · 1846
  5. Rugg v. . RuggNew York Court of Appeals · 1881

3Cited by21 opinions

  1. Elwell & Heist v. The Universalist General ConventionTexas Supreme Court · 1890
  2. State v. LancasterTennessee Supreme Court · 1907
  3. Aschenbeck v. AschenbeckCourt of Appeals of Texas · 1933
  4. Massey v. AllenTexas Commission of Appeals · 1923
  5. Alexander v. StateCourt of Appeals of Texas · 1938

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