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. Page: 359
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1884.] COOPER v. HORNER. 359
Opinion of the court.
a'ord &c Taliaferro, for appellees, in support of their proposition
that the facts must be presumed to have existed that authorized the
sale, cited: Johnson v. Bowden, 43 Tex., 674; Perry on Trusts,
§809.
WALKER, P. J. COM. APP.-The will in question contained,
among others, the following provisions, viz.:
" First. It is my will and I do order that all of my just debts
and funeral expenses be duly paid as soon as conveniently can be
done after my decease;
. "Seconzd. I give and bequeath all of my personal estate of
what nature or kind soever to George W. Durant, Edward 0. Marshal
and Jos. D. Cooper, the executors of this my last will and testament,
hereinafter nominated and appointed, in trust for the payment
of my just debts, and the legacies hereinafter specified, with
power to sell and dispose of the same at public or private sale at
such time or times, and upon such terms and in such manner, as to
them shall seem meet.
" Third. I give, devise and bequeath all the rest, residue and
remainder of my estate, real, personal and mixed, of every name
and nature whatever, to my children, five in number, and named as
follows: Mary Ellen Marshall, Isabella Shannon Cooper, Joseph
Durant Cooper, Ruth Catherine Cooper, and Eliza Jane Cooper, to be
equally divided among them share and share alike. The heirs or
representatives of the said children who may hereafter die, to be
entitled to the same share or shares that their ancestors would have
been entitled to receive if they were living, with the exception
of the library, which I give and bequeath to my son Joseph D.
Cooper, and the pictures of my daughters respectively.
" Fourth. I further order that after a sufficient support and education
have been provided for the minor children from year to year,
should there be a residue of money left, it is to be equally divided
among my children, five in number. And I do hereby order and
direct that all my real property shall be kept together, and shall
not be partitioned until each and every one of the daughters are
married or the youngest one shall arrive at the age of twenty-five
years.
"Fifth. It is my will and desire that my executors render to the
district court of Btazos county an inventory of my real estate and
moneys, for registration, and that said court shall have no other
jurisdiction over said estate, nor shall any other court have jurisdiction
over said estate, except the probate and registration of my will
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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., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/381/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .