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: 5
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1884.] WEIR v. SMITH. 5
Statement of the case.
a final disposition of the entire estate of said Adolphus G. Weir, except
said Austin city lots, as follows: To the said Eliza McLaren
Weir she pretended to give one-half of said five hundred and fiftythree
and one-half acres of land of the Irving survey; also the undivided
half of the sixty acres, Eggleston survey; also an undivided
fourth of all the real estate belonging to her and not mentioned in
the will; also one-third of all testatrix's personal property, and all
money of which she should die possessed. To said Monterey V.
Weir one-half of said five hundred and fifty-three and one-half acre
tract of land; also the one-half of said sixty acres of the Eggleston
tract; also one undivided one-fourth of all the real estate of the
testatrix not named in the will, and one-third of personal property,
except money. To said Peter Weir an undivided half of said four
hundred and ninety-two acres of land of the Varcinas survey; also
one-fourth of all other real estate of testatrix not specially mentioned
in the will, and also one-third of all personal property. To
said Louisa Burleson a life estate in one-half of said four hundred
and ninety-two acre tract of land; also one-fourth of all lands
owned by said testatrix, not specially mentioned in said will, with
remainder to the children of said Louisa. To the plaintiff, Albert
Weir, said testatrix did not devise or pretend to devise any property
"That the will was duly probated and Smith and Carleton had
qualified as executors of said will, and had taken into their possession
all of said property and estate of said Adolphus G. Weir, except
said Austin city lots, and that said executors and said Eliza M.
Weir, Monterey Y. Weir and Peter Weir are asserting the validity
of said will, and claiming and asserting title to the said property
under said will; that said Eliza M. and Monterey V. are asserting
title in themselves to said Austin city lots under the conveyance
made to them by said Martha J. and Benjamin Weir, hereinbefore
mentioned; that said defendants are claiming all of the estate of said
Adolphus G. Weir, under the said pretended will of Martha J..
Weir, except the part thereof in which a life estate is pretended to
be devised to the plaintiff Louisa Burleson, and refuse to recognize
any right in plaintiffs except as conferred in said pretended will;
that defendants deny that plaintiff Albert Weir has any interest
in said estate and property, and deny that plaintiff Louisa Burleson
has any estate therein except the life estate aforesaid.
"That said pretended will of Martha J. is null and void as a conveyance
or muniment of title to any part of the estate of Adolphus
G. Weir, and especially as to any part of said estate not specially
named in the will of said Martha J.; that plaintiffs have received n)
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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. (texashistory.unt.edu/ark:/67531/metapth28512/m1/27/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .