Reiche v. Williams

Texas Supreme Court

Reiche v. Williams

143 Tex. 365

CourtTexas Supreme Court

DecidedJanuary 31, 1945

DocketApplication No. A-417

StatusPublished

This text of 143 Tex. 365 (Reiche v. Williams) 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

Reiche v. Williams, 143 Tex. 365 (Tex. 1945).

Pincite

Opinion

Mr. Chief Justice Alexander

delivered the opinion of the Court.

We are not in accord with the holding, of the Court of Civil Appeals that the evidence did not raise the issue of the mental incapacity of the testatrix to make the will. However, that issue was submitted to the jury and determined adversely to the contestant, and judgment was entered probating the will. The Court of Civil Appeals affirmed that judgment. 183 S. W. (2d) 587. We have carefully examined the record, including appellant’s brief in the Court of Civil Appeals, and find no procedural error in the trial of the case. Therefore the Court of Civil Appeals properly affirmed the judgment of the trial court, even though it gave an erroneous reason therefor. The application for a writ of error is therefore “Refused for Want of Merit.”

Opinion delivered January 31, 1945.

Rehearing overruled February 28, 1945.

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Mr. Chief Justice Alexander

delivered the opinion of the Court.

We are not in accord with the holding, of the Court of Civil Appeals that the evidence did not raise the issue of the mental incapacity of the testatrix to make the will. However, that issue was submitted to the jury and determined adversely to the contestant, and judgment was entered probating the will. The Court of Civil Appeals affirmed that judgment. 183 S. W. (2d) 587. We have carefully examined the record, including appellant’s brief in the Court of Civil Appeals, and find no procedural error in the trial of the case. Therefore the Court of Civil Appeals properly affirmed the judgment of the trial court, even though it gave an erroneous reason therefor. The application for a writ of error is therefore “Refused for Want of Merit.”

Opinion delivered January 31, 1945.

Rehearing overruled February 28, 1945.

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Bluebook (online)

143 Tex. 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reiche-v-williams-tex-1945.

Opinion

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