Ellison v. Keese
Texas Supreme Court
1 Appeal from Q-uadaloupe. The ease was tried before the Honorable A. W. Teeeell, one of the district judges. Keese and wife and other children of Thomas Hubbard, deceased, sued Thomas H. Hubbard and Mary W. Hubbard, the younger children of the said Thomas Hubbard, to set aside certain conveyances of the said Thomas Hubbard to the defendants and some of the plaintiffs, which were alleged to be deeds mortis causa, and to avoid the statute of forced, heirship then in force,…
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1 Appeal from Q-uadaloupe. The ease was tried before the Honorable A. W. Teeeell, one of the district judges. Keese and wife and other children of Thomas Hubbard, deceased, sued Thomas H. Hubbard and Mary W. Hubbard, the younger children of the said Thomas Hubbard, to set aside certain conveyances of the said Thomas Hubbard to the defendants and some of the plaintiffs, which were alleged to be deeds mortis causa, and to avoid the statute of forced, heirship then in force, and to give the greater portion of'his property to certain of his children, to the exclusion of others. In an amendment,…
1Opinion of the CourtWheeler, C. J.
—The several deeds of the 13th of January, 1856, though inoperative as deeds, because not made to take effect until after the donor’s death, and invalid as a will to dispose of more than the fourth part of the donor’s or testator’s property, were nevertheless valid as a testamentary disposition to the extent of the one-fourth of his estate. This was expressly so decided in the case of Crain v. Crain, 21 Tex., 790. The judgment of the court, annulling the disposition in toio, was therefore erroneous, and will require a reversal of the judgment. According to the case of Hagerty v. Hagerty, 12…
2Cases cited2 opinions
- Crain v. CrainTexas Supreme Court · 1858
- Hagerty v. Hagerty's Ex'rsTexas Supreme Court · 1854
3Cited by4 opinions
- Ferrell v. StateTexas Supreme Court · 1875
- Scogins v. PerryTexas Supreme Court · 1876
- Evans v. Henry S. Miller CompanyCourt of Appeals of Texas · 1967
- Sharpe v. StateCourt of Appeals of Texas · 1885