Newman v. Dotson

Citations

• 57 Tex. 117
• 1882 Tex. LEXIS 104

Syllabus

<p>1. Construction OB’ wills.— By the terms of a will devising property to an only child, who died before she arrived at the age of twenty-one years, leaving issue, it was provided that the executor named therein should have the possession, management and control of the property until the devisee arrived at the age of twenty-one years. The executor, after the death of the heir, claimed to be entitled to control the estate until the time when the heir would have been twenty-one years old had she lived. Held,</p> <p>(1) It was the intention of the testator to give the executor the control of the heir’s property during minority, and not longer.</p> <p>(2) The minority of the heir ceased upon her marriage, and with it ceased the authority of the executor.</p> <p>(3) The executor, after his adverse claim, was not a proper executor.</p>