Brundige v. Rutherford

Citations

• 57 Tex. 22
• 1882 Tex. LEXIS 84

Syllabus

<p>1. Probate of will — Citation.—In a suit brought in the district court, under the probate law of 1870, to probate the will of one who did not reside in Texas at his death, notice should be given by citation to all parties interested in the administration, in like manner as is directed (Pasch. Dig., 5533) in case of wills of residents, and no particular individual can be properly made defendant.</p> <p>2. Establishment of will as muniment of title.— In a suit brought to establish as a muniment of title a will probated in another state, its regular probate, in this state should be shown; and a certified copy of the same, and its probate in such other state on evidence sufficient to admit it to probate here, are inadmissible.</p> <p>3. Same — Misjoinder of parties.— In such a suit by parties claiming under the will of the son of the original grantee of the land, and brought not for the land or for trial of the title thereto, but merely to perfect and establish their muniment of title, one alleged to claim the land by purchase from certain heirs of the original grantee is not a proper party, and can plead misjoinder in abatement.</p> <p>4. Same—Plea to the jurisdiction.— In such a procedure, where no facts are shown giving the county in which the suit is brought jurisdiction, and the defendant resides in another county and pleads to the jurisdiction, the plea should he sustained.</p>