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: 8
The following text was automatically extracted from the image on this page using optical character recognition software:
8 WEIR v. SMITH. [Austin Term,
Opinion of the court.
The wife, Martha J. Weir, and Benjamin Weir, a son, were, by the
will of Adolphus G. Weir, appointed the executors of his will, without
the control of the probate court, and they so qualified.
The parts of his will which bear on the questions at issue between
the parties are the following:
"Second. I will and bequeath unto my beloved wife, Martha
Jane Weir, all my property, both real and personal, of every character
and description, to be by her kept together during her natural
life for the support of herself and the support of her and my children,
and the maintenance and education of such of them as have
not completed their education; each of said children, on his or her
arriving of age or marrying, to receive such amount of my said
property, or that may then be on hand, as my said wife may, in her
discretion, think proper to give him or her.
"Third. I leave to my said wife's discretion and judgment the
education to be given our said younger children, feeling confident
that it will be as liberal and thorough as may be practicable.
"Fourth. It is my will and desire that all my said property shall
be managed and controlled as it has heretofore been by myself and
my said wife as near as may be. And if my said wife should deem
it advisable to sell, alien and convey any portion of the same, it is
my will and desire that she, with my executor to be hereinafter
named, shall do so at such time or times as she may deem proper
" Ffth. It is my will and desire that my said wife, at the time of
her death, shall make such final disposition of such of my said property,
as also the increase and profits arising from the same, as there
may then be, as she in her discretion may think proper and right.
But in the event of her failing to dispose of the same or any part
thereof, then it is my will that all tmy property of every character
so remaining undisposed of, shall be divided equally between all my
children then living or their descendants, share and share alike, between
my said children and the descendants that portion which
their ancestor, if living, would have been entitled to."
It is evident from the second clause in the will that the testator
only intended by the will to vest an estate for life in his wife in all
of his property, real and personal.
If the clause of the will referred to left this matter uncertain, the
subsequent clauses of the will place it beyond controversy.
The fourth clause directs how it shall be managed, which is inconsistent
with the idea that the testator intended by the will to
vest in the wife an estate in fee; but is consistent with his intention,
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
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/m1/30/: accessed September 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .