Home/Texas Supreme Court/Nesmith v. Allen

Nesmith v. Allen

531 S.W.2d 330
CourtTexas Supreme Court
DecidedNovember 26, 1975
DocketNo. B-5538
StatusPublished
Cited by18 cases

This text of 531 S.W.2d 330 (Nesmith v. Allen) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nesmith v. Allen, 531 S.W.2d 330 (Tex. 1975).

Opinion

PER CURIAM.

The trial court’s judgment in favor of petitioners was reversed by the court of civil appeals because of the existence of an undetermined material fact issue. 525 S.W.2d 943. The application for writ of error of Robert E. Nesmith, et al., is refused, no reversible error. We note, however, that the court of civil appeals, in the first sentence in paragraph nine of its opinion, inadvertently stated that the existing fact issue is whether the will in question was signed by the testatrix in the presence of the attesting witnesses. Actually, as elsewhere evident in the opinion, the existing fact issue is whether one of the attesting witnesses signed the will in the presence of the testatrix. See 525 S.W.2d 943, 945, and the attestation requirements of Sec. 59, Texas Probate Code, V.A.T.S.

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Bluebook (online)
531 S.W.2d 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nesmith-v-allen-tex-1975.