Roberts v. Roberts

Texas Supreme Court

Roberts v. Roberts

407 S.W.2d 772

CourtTexas Supreme Court

DecidedOctober 26, 1966

DocketA-11630

StatusPublished

Cited by8 cases

This text of 407 S.W.2d 772 (Roberts v. Roberts) 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

Roberts v. Roberts, 407 S.W.2d 772 (Tex. 1966).

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Opinion

PER CURIAM.

In a proceeding to set aside an order admitting a holographic will to probate and to probate a later holographic will not produced in court, the court of civil appeals has held that heirs of the decedent are not precluded by Article 3716, Vernon’s Texas Civil Statutes, the Dead Man’s Statute, from testifying that after the death of the testator they saw and read the later instrument and that it was in the handwriting of the deceased; and further, that neither were they precluded by the statute from testifying to the contents of the instrument. Tex.Civ.App., 405 S.W.2d 211. We approve those holdings.

The court, of civil appeals made other holdings which are not properly before us for review. Accordingly, writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.

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PER CURIAM.

In a proceeding to set aside an order admitting a holographic will to probate and to probate a later holographic will not produced in court, the court of civil appeals has held that heirs of the decedent are not precluded by Article 3716, Vernon’s Texas Civil Statutes, the Dead Man’s Statute, from testifying that after the death of the testator they saw and read the later instrument and that it was in the handwriting of the deceased; and further, that neither were they precluded by the statute from testifying to the contents of the instrument. Tex.Civ.App., 405 S.W.2d 211. We approve those holdings.

The court, of civil appeals made other holdings which are not properly before us for review. Accordingly, writ of error is refused, no reversible error. Rule 483, Texas Rules of Civil Procedure.

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Bluebook (online)

407 S.W.2d 772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-roberts-tex-1966.

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