Bockel v. Fidelity Development Co.

GRAVES, Justice.

This statement, taken from appellant’s brief, is conceded to be substantially correct:

“The case was tried upon an agreed statement of facts. The material facts are as follows:

“Erasmus Bockel, appellant’s grandfather, owned a tract of land in Harris County of which the one acre herein involved was a part, tie died in 1903, leaving a will which was duly probated. The will provided:

“ ‘It is my will and wish that one acre square out of my said homestead tract the center of which shall be the present graves of the deceased members of -my family, shall be set aside by my executors…