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: 327
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1875.] STEPHENSON V. MCFADDIN. 327
Opinion of the Court.
If the jury believe from the evidence that the facts stated
"above are true, and further believe that Gilbert Stephenson
was one of the executors of the said will, and that he and the
said A. J. Tevis as his surety made the bond described in the
"petition, and other property, either personal or real, exclusive
"of that specifically bequeathed in items 2d, 3d, and 4th in
"said will, came to the possession of defendant Stephenson
"as executor, sufficient, after paying the debts of the estate,
"to have paid off and satisfied said bequest of five hundred
"dollars, had the same been sold and the proceeds applied to
"that purpose; and if they further believe that Stephenson
" failed to appropriate said property or its proceeds to the pay
4 ment of said bequest, and that the same still remains un
"paid, they will in that case find for the plaintiff. If the jury
"are not satisfied from the evidence that the facts above stated
(' are true, they will find for the defendants.
" The inventories and appraisement filed are evidence touch'
ing the question of the nature, extent, and value of the
" The oral declarations made by the testatrix changing or
"modifying the provisions of said will, or the import and
" meaning of the words said, cannot be considered."
.Armstrong & Jackson and Burroqghs & Allen, for appellants.
DEVINE, J. The appellee, McFaddin, brought suit in the
District Court of Jefferson county, on the 3d of July, 1873,
on the bond of appellant, as surviving executor of Nancy
Hutchinson's estate, and joined the surviving security on the
bond, A. J. Tevis, as a defendant. The suit being brought
to recover one-fourth of the amount of a legacy of five hundred
dollars, bequeathed by Nancy Hutchinson in her last will,
to her four grandchildren; plaintiff claiming to be the owner,
by a purchase, of the amount sued for. Numerous defenses
were set up by defendant Stephenson, and after various amend
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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/m1/335/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .