Legal Opinion

Wolnitzek v. Lewis

Court of Appeals of Texas

Decided February 10, 1916No. 7052. [fn*]PublishedCited by 6 opinions

Appeal from District Court, Austin County; Frank S. Roberts, Judge. Proceeding by J. B. Lewis to probate a will contested by Oscar Wolnitzek and others, who offered a different will for probate. From a judgment probating the will offered by Lewis, the contestants appeal.

1Opinion of the Court

PLEASANTS, 0. J.

This appeal is from a judgment of the district court of Austin county admitting to probate the joint will of Paul and Franciska Wolnitzek, deceased, executed on April 6, 1903. The will was offered for probate by appellee, J. B. Lewis, the executor therein named, in the county court of Austin .county on January 4, 1912. On February 5, 1912, the appellants, Oscar Wolnitzek and Alma Wolnitzek, offered for probate a will of said Paul Wolnitzek executed on July 7, 1910, and contested the probate of the will offered by appellee, on the ground that it was obtained by undue influence…

2Cases cited4 opinions

  1. Smith v. Traders National BankTexas Supreme Court · 1889
  2. Hodges v. RobertsTexas Supreme Court · 1889
  3. Freeman v. ClearyCourt of Appeals of Texas · 1911
  4. Trimble v. BorroughsCourt of Appeals of Texas · 1906

3Cited by6 opinions

  1. Payne v. BeaumontCourt of Appeals of Texas · 1922
  2. Norton v. HoustonCourt of Appeals of Texas · 1921
  3. Federal Life Ins. Co. v. WilkesCourt of Appeals of Texas · 1919
  4. City of Irving v. LuttrellCourt of Appeals of Texas · 1961
  5. Frost v. SmithCourt of Appeals of Texas · 1918

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