Kelly v. Settegast
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. William H. Burkhart. The will paper writing, which was produced as the will of the deceased Hugh Kelly, was as follows: “In the name of God, amen! “I, Hugh Kelly, being of sound mind and desiring to settle my estate with which God has blessed me, while I have capacity so to do— “ First, I desire that my funeral expenses and all my just debts be paid by my executor, hereinafter named.
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Appeal from Brazoria. Tried below before the Hon. William H. Burkhart. The will paper writing, which was produced as the will of the deceased Hugh Kelly, was as follows: “In the name of God, amen! “I, Hugh Kelly, being of sound mind and desiring to settle my estate with which God has blessed me, while I have capacity so to do— “ First, I desire that my funeral expenses and all my just debts be paid by my executor, hereinafter named. “Secondly, I appoint W. J. Settegast the sole executor of this my last will and testament, and direct that there be no proceedings had in the settlement of my…
1Opinion of the Court
Stayton, Associate Justice.
Hugh Kelly died on September 12, 1883, leaving a paper which was presented for probate as his last will, on September 17, 1883, by the terms of which he gave all of his property, not required to pay his debts, to W..J. and J. J. Settegast.
Kelly left one daughter and some grandchildren, who were the children of a deceased daughter. The will was admitted to probate in the county court; although contested by the daughter of Kelly in her own behalf, and as the representative of the children of her deceased sister. An appeal from the decree probating the will was…
2Cited by23 opinions
- Boyd v. Frost National Bank of S.A.Texas Supreme Court · 1946
- Olds v. TraylorCourt of Appeals of Texas · 1944
- Frost Nat. Bank v. BoydCourt of Appeals of Texas · 1945
- Robertson v. National Spiritualists' Ass'n of the United StatesCourt of Appeals of Texas · 1929
- Warren v. EllisCourt of Appeals of Texas · 1911
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