Watts v. Holland

Citations

• 56 Tex. 54
• 1881 Tex. LEXIS 168

Syllabus

<p>1. Nuncupative will.— Real estate cannot be devised by nuncupative will.</p> <p>2. Practice—Nuncupative will.—In a proceeding to establish a nuncupative will between the party claiming to be executor under it and the heirs, as contestants, in which a fraudulent combination was charged as existing between the party claiming to be executor, who was himself a witness, and the other witnesses to the will, it is the right of the contestants to have the witnesses placed under the rule so that they should not hear the testimony of each other. A refusal to place the witnesses under the rule in such a case, if requested, is cause for reversal. The discretion ordinarily confided to the judge is subordinate to law which confers the right to have the rule enforced.</p> <p>8. Judicial discretion.— Judicial discretion can never be exercised to dispense with the observance of recognized rules for the protection of rights.</p> <p>4. Evidence.—It is the right of a party to have witnesses placed under the rule in civil causes.</p> <p>5. Nuncupative will—Executor.— One named as executor by a nuncupative will cannot be a witness to establish it. His disability was not removed by art. 6826, Pasch. Dig.</p>