Ricks v. Tarver

Court of Appeals of Texas

Ricks v. Tarver

96 S.W.2d 844

CourtCourt of Appeals of Texas

DecidedSeptember 17, 1936

DocketNo. 3397.

StatusPublished

This text of 96 S.W.2d 844 (Ricks v. Tarver) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ricks v. Tarver, 96 S.W.2d 844 (Tex. Ct. App. 1936).

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Opinion

HIGGINS, Justice

(after stating the facts as above).

Toledo Walker Tarver was entitled to apply for probate of the will. Article 3339, R.S. There was therefore no occasion to join the heirs of Jackson Walker after the latter’s death.

Aside from certain suggestions of fundamental error appellant’s propositions are all foreign to the ultimate issue before the court. Such issue was whether the instrument offered should be probated as the last will of the deceased. Article 3348, R.S., states the facts necessary to be proven in order to probate the instrument. Those facts were proven by undisputed evidence and the court properly admitted the will to probate. Any homestead right, or other interest in the estate of the deceased, which appellant may have, independent of the will, remains unaffected by the order of probate.

Simpkins Administration of Estates (3d Ed.) § 65; see, also, Prather v. McClelland, *845 76 Tex. 574, at page 584, 13 S.W. 543; Skeeters v. Hodges (Tex.Civ.App.) 270 S. W. 907; Harris v. Harris’ Estate (Tex. Civ.App.) 276 S.W. 964, and Brown v. Burke (Tex.Civ.App.) 26 S.W.(2d) 415, 416.

There is no fundamental error shown by the record.

Affirmed.

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HIGGINS, Justice

(after stating the facts as above).

Toledo Walker Tarver was entitled to apply for probate of the will. Article 3339, R.S. There was therefore no occasion to join the heirs of Jackson Walker after the latter’s death.

Aside from certain suggestions of fundamental error appellant’s propositions are all foreign to the ultimate issue before the court. Such issue was whether the instrument offered should be probated as the last will of the deceased. Article 3348, R.S., states the facts necessary to be proven in order to probate the instrument. Those facts were proven by undisputed evidence and the court properly admitted the will to probate. Any homestead right, or other interest in the estate of the deceased, which appellant may have, independent of the will, remains unaffected by the order of probate.

Simpkins Administration of Estates (3d Ed.) § 65; see, also, Prather v. McClelland, *845 76 Tex. 574, at page 584, 13 S.W. 543; Skeeters v. Hodges (Tex.Civ.App.) 270 S. W. 907; Harris v. Harris’ Estate (Tex. Civ.App.) 276 S.W. 964, and Brown v. Burke (Tex.Civ.App.) 26 S.W.(2d) 415, 416.

There is no fundamental error shown by the record.

Affirmed.

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96 S.W.2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricks-v-tarver-texapp-1936.

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