Legal Opinion

Purvis v. Sherrod

Texas Supreme Court

Decided July 1, 1854PublishedCited by 18 opinions

Error from Harrison. This suit was brought- by the defendant in error, the executor of the will of William T. Weathersby, deceased, in the District Court of Harrison county, for a construction of two clauses of the will, and for instruction as to the proper execution of the same, to wit: “ 3rd. I give “ to my negro woman Oharlott and her child Julian their free- “ dom, because of Oharlott’s faithful services in aiding me to “ make all the property which I own in the world.

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Error from Harrison. This suit was brought- by the defendant in error, the executor of the will of William T. Weathersby, deceased, in the District Court of Harrison county, for a construction of two clauses of the will, and for instruction as to the proper execution of the same, to wit: “ 3rd. I give “ to my negro woman Oharlott and her child Julian their free- “ dom, because of Oharlott’s faithful services in aiding me to “ make all the property which I own in the world. I also “ give my boy George Washington his freedom, because of “ affectionate regard for him. And I wish the above three…

1Opinion of the CourtLipscomb, J.

The case has been argued with great ability, and highly commendable industry and research, by the counsel for both plaintiff and defendants; and it is deeply to be regretted that we are compelled to decide it, without the advantage of many cases, in which the' points presented, or analogous ones, have been discussed and decided by other Courts similarly organized to our own.

The first point, insisted upon by the plaintiffs in error, is, that the District Court had no jurisdiction ; that the the matters presented by the suit, belonged exclusively to the jurisdiction of the Probate Court.

We…

2Cases cited1 opinion

  1. Trotter v. BlockerSupreme Court of Alabama · 1838

3Cited by18 opinions

  1. Hunt v. WhiteTexas Supreme Court · 1859
  2. Humble Oil & Refining Co. v. Sun Oil Co.Court of Appeals for the Fifth Circuit · 1951
  3. Philleo v. HollidayTexas Supreme Court · 1859
  4. Rogers v. RewardTexas Supreme Court · 1880
  5. County of Anderson v. KennedyTexas Supreme Court · 1883

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