Avery v. Johnson
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District in an appeal from Eefugio County. Diana Johnson and another sued Walter Avery and others to obtain construction of a will, and appealed from an adverse decision. The judgment was reversed and rendered, and Avery and others, the appellees, obtained writ of error.
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Error to the Court of Civil Appeals for the Fourth District in an appeal from Eefugio County. Diana Johnson and another sued Walter Avery and others to obtain construction of a will, and appealed from an adverse decision. The judgment was reversed and rendered, and Avery and others, the appellees, obtained writ of error. The property involved consisted of 701.71 acres of land, community property of testator and his first wife at the time of her death, in six different tracts, one in the Bios grant and five out of the Perry league, of which one, of 126.60 acres, derived title through Simpson…
1Opinion of the CourtChief Justice Phillips
The suit was for the construction of the will of William Avery and for partition.
William Avery and Jane Avery, his wife, owned as community property 701.71 acres of land. They had five children, who survived both of them. Jane Avery died in 1904. By her will she devised her community one-half interest in the land to William Avery for life, and the fee simple title in the remainder to the five children of the marriage in equal portions. Her interest in the personal property of the community was bequeathed to William Avery absolutely. Her will was duly probated^ In 1906, William Avery…
2Cases cited9 opinions
- Chace v. GreggTexas Supreme Court · 1895
- Smith v. ButlerTexas Supreme Court · 1892
- Havens v. . Sackett and HavensNew York Court of Appeals · 1857
- Moss v. HelsleyTexas Supreme Court · 1883
- Haley v. GatewoodTexas Supreme Court · 1889
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3Cited by69 opinions
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