Home/Court of Appeals of Texas/Wade Ex Rel. Wade v. Sherrod

Wade Ex Rel. Wade v. Sherrod

342 S.W.2d 17, 1960 Tex. App. LEXIS 1871
Court of Appeals of Texas·Decided December 14, 1960·No. 5406·Published·Cited by 7 cases

Opinion

FRASER, Justice.

This is a will contest which, by the nature of the facts, presents both parties as a type of contestant. For that reason, we will refer to the parties simply as “appellants” and “appellees.”

On June 26, 1948, Mrs. Nellye Bell Coles made and executed her will, hereinafter referred to as the “original” will. There has been no attack on the regularity and legality of this will, so it can be taken for granted that the will of 1948 was a good and effective will at the time it was made. Mrs. Coles died December 8, 1956, and this will was admitted to probate. It will not be necessary to reproduce the contents, or attach a copy of this will, other than to state that there were several bequests to individuals and charitable and religious organizations; after which the balance of this considerable estate passes in trust for the benefit of Mrs. Coles’ cousin, Etta Sherrod, and her daughter, Nellye Bell Sherrod.

In May of 1958, appellant Agnes Bell Wade, niece of testatrix, filed her application for the probate of a purported holographic will of testatrix, dated July 6, 1951; and appellant further offered another purported holographic writing, dated July 10, 1951, contending that these two instruments constituted the last will of the testatrix. In these two instruments, appellant Agnes Bell Wade is named the sole beneficiary and independent executrix. They are here included for reasons which will appear later:

*18

Free access — add to your briefcase to read the full text and ask questions with AI

Wade Ex Rel. Wade v. Sherrod, 342 S.W.2d 17, 1960 Tex. App. LEXIS 1871 (Tex. Ct. App. 1960).

342 S.W.2d 17 (Wade Ex Rel. Wade v. Sherrod) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re Estate of Hendler
316 S.W.3d 703 (Court of Appeals of Texas, 2010)
Stephenson v. Rowe
338 S.E.2d 301 (Supreme Court of North Carolina, 1986)
Gilmer v. Harris
460 S.W.2d 215 (Court of Appeals of Texas, 1970)
Milton J. Grossman, Independent of the Estate of James A. Stavely, Deceased v. Ellis Campbell, Jr., District Director of Internal Revenue
368 F.2d 206 (Fifth Circuit, 1966)
Newsome v. Carpenter
382 S.W.2d 350 (Court of Appeals of Texas, 1964)
Wade v. State National Bank
379 S.W.2d 717 (Court of Appeals of Texas, 1964)