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· 7/1/1870

Conn v. Davis

Citations

  • 33 Tex. 203

Syllabus

<p>1. A w’ll purporting to make plenary disposition of community real estate can operate only upon the half interest belonging to the testator, and cannot affect the interest of the other conjugal partner. .</p> <p>2. By the law of forced heirship, in force in Texas until repealed on the twenty-fourth of January, 1856, (Paschal’s Digest, Art. 3868.) a father could'not, by last will- and testament, alienate from his children more than one-fourth of his estate.</p> <p>3. See the opinion in this case for an application of the foregoing principles in a case of partition.</p>

Judges: Lindsay

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