Berry v. Brown
Court of Appeals of Texas
Appeal from District Court, Smith County; R. W. Simpson, Judge. Will contest by Alice Florence Brown and another against T. B. Berry and another. Judgment for contestants, and the eontes-tees appeal.
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Appeal from District Court, Smith County; R. W. Simpson, Judge. Will contest by Alice Florence Brown and another against T. B. Berry and another. Judgment for contestants, and the eontes-tees appeal. On October 23, 1908, J. B. McDaniel executed a will in formal compliance with the requirements of the statute, by the terms of which he devised his property, of the value of about $4,000, to his daughter Mrs. Lucy Berry during her lifetime, and to her husband at her death if he should survive; and, if the husband did not surive, then the property was to pass to the children -of Mrs. Berry at her…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1-3] The appellants, the ' beneficiaries named in the will, by their assignments contend that the evidence fails to show that the will was procured by undue influence, and that it was error to set aside the order probating the will. The burden of proving that the will was executed under undue influence was on the appellees, the contestants. And as to whether or not the evidence offered in this respect by the contestants was sufficient under the rules of law to present an issue of fact must depend, as each particular case must do, upon what the particular…
2Cases cited1 opinion
- Trezevant v. RainsTexas Supreme Court · 1892
3Cited by8 opinions
- Stewart v. MillerCourt of Appeals of Texas · 1925
- In Re Bartels' Estate Jones v. MilamCourt of Appeals of Texas · 1914
- Price v. TaliaferroCourt of Appeals of Texas · 1952
- Jones v. SelmanCourt of Appeals of Texas · 1937
- Ater v. MooreCourt of Appeals of Texas · 1921
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