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: 328
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328 STEPHENSON V. MCFADDIN. [Term of
Opinion of the Court.
ments, the cause being tried, the jury rendered a verdict for
the amount claimed, with eight per cent. interest on the same,
from the time of bringing the suit.
The eighteen assionmnents of error, and the questions presented
in appellant's bill of exceptions, are embraced in three
general causes of complaint;
First. The overruling defendant's exceptions to plaintiff's
petition. The exception taken, that the representatives of the
deceased executor Hebert, and the representatives of the two
securities deceased, were not made defendants, and that the
court erred in overruling this exception, does not appear from
the record to be sustained, the only action shown to have been
taken by Hebert was in returning, in connection with his coexecutor
Stephenson, an inventory and appraisement of the
estate as directed in the will. The defendant Tevis makes no
complaint that the representatives of the deceased securities
were not made defendants, and the principal cannot complain
that the representatives of the securities on his bond are not
made defendants to answer for his liability. Whatever defects
may have existed in plaintiff's pleadings were caused by his
amendments made after defendants had filed their exceptions,
and the court did not err in overruling exceptions which,
when acted on, had no vitality by reason of the plaintiff's
Second. The refusal of the court to permit defendant Stephenson
to show that Confederate money and bank bills were the
currency of the country at the date of the execution of the will,
and that the Confederate currency was valueless, was not error.
The testatrix left a large estate, more than ten thousand dollars'
worth, nearly all in town lots or other lands, rerpaining,
after satisfying the bequests mentioned in her will. She evidently
intended to leave her grandchildren something that
had a value, and she left ample property under the absolute
control of her executors to carry out her intention. The evidence
sought to be introduced was, under all the circumstances,
wholly irrelevant, and was properly excluded. Neither was
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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/m1/336/: accessed October 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .