Morgan v. Davenport

Citations

• 60 Tex. 230
• 1883 Tex. LEXIS 309

Syllabus

<p>1. Construction of statutes.— Though, as a general rule, when a statute of England or of one of the older states is re-enacted in Texas, after *it has received a settled and uniform construction by the courts of the government from which it was borrowed, it will receive the same construction by the courts of Texas, yet if there be something incorporated in the statute, showing a legislative purpose not to adopt the former construction, then the construction given by the courts of the government from which it was borrowed cannot prevail.</p> <p>2. Same.— If that part of the borrowed act which caused it to be aided by judicial construction in the government from which it was borrowed, so as to give it a meaning adverse to the common import of the language used, he provided for by the Texas law of which the borrowed statute becomes a part, then the presumption is that the legislature intended to adopt only so much of the former construction as may be provided for and practically incorporated in the new statute.</p> <p>3. Revocation of will.— The English and American cases, construing the statute of 29 Car. II., c. 3, and the American statutes borrowed from it, and which hold that a will is revoked by the subsequent marriage and the birth of a child, hold that marriage alone will not effect such a result, but that the birth of a child is also necessary. Both were required to operate a revocation of the will.</p> <p>4. Construction of statute — Wills.— The statute of January 28,1840 (Pasch. Dig., 5363,5304), furnishes evidence by its terms tliait the sole ground upon which the wish of a testator, as expressed in a valid written will, may be disregarded, is the existence of a child or children born after the will was made, who are unprovided for by the will or otherwise, and negatives the idea that the marriage of the testator, after the will was made, can be looked to at all in determining the rights of after-born children, unless upon the question of legitimacy.</p>