Bell County v. Alexander
Texas Supreme Court
Error from Bell. Tried below before the Hon. Ed. H. Yontress. Suit by defendants in error, against plaintiff in error, alleging that they were the heirs of Daniel Alexander, who died in Dell county, in the year 1854; and seeking to set aside the will of said Alexander, because the bequest to the county, by the words of the will, would not pass the title to the testator’s land; that the county was not capable of taking, under the will, the property devised; that the purposes…
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Error from Bell. Tried below before the Hon. Ed. H. Yontress. Suit by defendants in error, against plaintiff in error, alleging that they were the heirs of Daniel Alexander, who died in Dell county, in the year 1854; and seeking to set aside the will of said Alexander, because the bequest to the county, by the words of the will, would not pass the title to the testator’s land; that the county was not capable of taking, under the will, the property devised; that the purposes of the trust were too uncertain and indefinite, to be capable of being carried into effect; that the county had not paid…
1Opinion of the Court
Wheeler, Ch. J.
There is nothing in the objecton, that no motion for a new trial appears to have been filed. A jury having been waived, and the case submitted to the court, a motion for a new trial was not necessary, to entitle the plaintiff in error to a revision of the judgment.
The grounds of objection urged, to the validity of the will, which require notice, are, 1st. That the words of the will are not sufficient to pass the title; and that the county is not capable of taking under the will, the title to the property devised. 2d. That the purposes of the trust are too uncertain and…
2Cases cited4 opinions
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Finlay v. King's LesseeSupreme Court of the United States · 1830
- Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by57 opinions
- Boyd v. Frost National Bank of S.A.Texas Supreme Court · 1946
- Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
- Milam County v. J. M. BatemanTexas Supreme Court · 1880
- Bergin v. BerginTexas Supreme Court · 1958
- Weidner v. CrowtherTexas Supreme Court · 1957
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