4 WEIR v. SMITH. [Austin Term,
Statement of the case.
survey, in Hays county, and that said executors took the conveyance
thereof in their said capacity as executors.
. . . "That said Benjamin Weir died intestate in 1874, leaving
surviving him neither wife nor children.
" That said Martha J. Weir died July 20, 1882; that said Martha
J. never made any partial disposition of any of the property of
said Adolphus G. Weir among the children of said testator prior to
her death on the arrival of said children at majority, at their marriage,
or at any other time, as contemplated by said will; that at
her death there remained in her possession real and personal property
belonging to the estate of said Adolphus G. Weir, as follows:
Five hundred and fifty-three and one-half acres of the Joseph T.
Irving one-quarter league, in Travis and Plays counties, valued at
$20,000; sixty acres of the S. V. R. Eggleston league, in Travis
county, valued at $1,200; four hundred and ninety-two acres of the
Varcinas survey, in Htays county, valued at $4,000; one hundred
and sixty acres of the M. T. Key survey, in Hays county, value
$1,600; one hundred and ten acres of the Eggleston survey, value
$1,100; two hundred and ninety acres of the Foote league, Hays
county, value $1,450; three hundred and twenty acres, part of
James Wells' survey, Hays county, value $1,600; lots 11 and 12,
block 27, city of Austin, value $2,000; household furniture of the
value of several hundred dollars, and several hundred dollars in
" That said Martha J. Weir elected to take and did take a life estate
under said will, and took possession and control of said property,
and managed and administered the same under said will; that
the property held by her as aforesaid at her death consisted of
property owned by said Adolphus G. Weir in his life-time, and that
acquired afterward by said executors by the use of the money and
property belonging to said estate.
"That upon the death of said Martha J. the remainder of the
estate of said Adolphus G. Weir, and the increase and profits thereof,
became vested in the plaintiffs Albert Weir and Louisa Burleson,
and the defendants Eliza M. Weir, Monterey V. Weir and Peter
Weir, share and share alike, one-fifth part each of said estate, and
that plaintiffs are entitled to have their respective one-fifth interest
each set apart and delivered to them.
"That on January 20, 1875, the said Martha J. Weir made or
pretended to make a last will and testament, whereby, after appointing
the defendants Felix E. Smith and Fred Carleton as her
executors, it is claimed and pretended by defendants that she made
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62.. Austin, Texas. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28512/. Accessed July 23, 2014.