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: 326
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326 STEPHENSON V. McFADDIN. [Term of
Statement of the case.
delivered to the heirs of W. B. and R. J. Tevis as soon as practicable
thereafter; that said bill, which she called "five hundred
dollars," she intended for said heirs as their portion of
her estate; that said bill is the identical "five hundred dol"
lars " named in item 5th in said will, and is the same bequeathed
to said heirs and was so meant by testatrix; that it was by inadvertence
of the " scribe who wrote said will" that the ' five
"hundred dollars" named in said item th was not exactly
and clearly described therein, so as to show with certainty the
testatrix's bequest; that he (Stephenson), for his wife, to whom
the bill had been delivered, had ever since and now still has it
ready to be delivered to said heirs or those claiming under
them, that said bill was on the trial ready to be surrendered to
the owners of said bequest.
All of which testimony was excluded. lHe was permitted to
testify that no money came to his hands as executor save in
Confederate money, used in expenses of last sickness, and except
the "five hundred dollars " described in his answer, which had
been delivered to his wife by testatrix about a week before her
death, with directions to deliver the same to the heirs of W.
B. and R. J. Tevis; that said bill is the identical bill now offered
in court, and that witness had always been ready &c.
The other facts, so far as material, appear in the opinion.
The court charged the jury as follows:
" This is a suit brought for the recovery of one hundred and
" twenty-five dollars, alleged to be due to plaintiff as assignee
and owner of the one-fourth interest in a bequest of five
"hundred dollars made by Nancy Hutchinson to the heirs of
I' W. B. and R. J. Tevis, to be divided equally among said
" heirs. In order to entitle plaintiff to recover it must appear
' that there were in existence at or before the institution of
this suit, heirs not exceeding four in number of said W. B.
"and R. J. Tevis, and that plaintiff is the assignee of the
"i iterst of at least one of such heirs in the bequest of five
4 hapd4 dollars, claimed to have been made to them by
iT Wt HEutchinson.
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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/m1/334/: accessed March 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .