Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 325
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1875.] STEPHENSON V. MoFADDIN. 325
Statement of the case.
ty thousand dollars, with G. W. Tevis, A. J. Tevis and David
Browell, sureties. They also returned an inventory of the
estate, which was appraised at thirteen thousand four hundred
and thirty-six dollars and four cents.
It seems that Hebert did not participate further in the administration
of the trust, and that he died before suit was
brought, as did also the other sureties not joined in the suit.
The petition of McFaddin alleged ownership by purchase of
the right of Mrs. Amanda McCulloch, who was entitled by
the will to the suml claimed in the suit; that Stephenson had
failed to pay her legacy; that the estate had been partitioned,
In defense, Gilbert tHutchinson pleaded non-joinder of the
legal representatives of Hebert and of the deceased sureties:
Limitation: that the estate had been fully administered;
that at the date of the will Confederate bills were the currency
of the country and were meant in the bequest of five
hundred dollars; that the testatrix at the time of making her
will had placed in the hands of her daughter, Mary Stephenson,
a Louisiana bank bill for the sum of five hundred dollars
(describing the bill), which bill it was the intention of the testatrix
should be given to the guardian of the minor heirs of
R. J. Tevis and W. B. Tevis; that the clause in the will was
intended to authorize that disposition of said bill, which was of
uncertain value, and defendant averred readiness to deliver the
Ou the trial, defendant, Stephenson, proposed to prove by
his own testimony that at the death of the testatrix in January,
1863, Confederate bills or notes were the currency in that
part of the State; as also were bank-bills like that described
in his answer; that the testatrix, previous to and at the time of
making her will, spoke of said bank-bill as " five hundred dol
"lars," and used said words in describing said bill; that
before the making of the will, and about a week before her
death, testatrix placed said bank-bill in the hands of her dautkh
ter, the wife of witness, in trust, that she should have the :ioe,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/333/: accessed April 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .