McCarty v. Duncan

3 Citing cases

  1. State v. Traylor

    374 S.W.2d 203 (Tex. 1963)   Cited 5 times

    However, this being a question of jurisdiction which presents fundamental error, the question can be considered on appeal in the absence of an assignment. See Huston v. Cole, 139 Tex. 150, 162 S.W.2d 404, (1942); McCarty v. Duncan, Tex.Civ.App., 330 S.W.2d 899, (1960), no wr. hist. The Attorney General has taken the position from the beginning of this case in the Probate Court that the final account should not be approved because a number of items described in that account were separate property. It has been pointed out that the facts show that it would be unfair to take the separate property of the deceased and divide it up fifty-fifty as if it were community. Unquestionably, a substantial portion of the property involved is separate property.

  2. Coffee v. William Marsh Rice University

    387 S.W.2d 132 (Tex. Civ. App. 1965)   Cited 11 times

    While appellees have not filed a motion to dismiss this appeal, or in any manner brought to the attention of this Court the right of appellants to appeal from this judgment, we have reached the conclusion that our jurisdiction over the subject matter of the appeal has not been properly invoked, and that we must decline to entertain the appeal for the reason that an examination of the petition and answer demonstrates that appellants have no justiciable interest in the controversy. City of West University Place v. Martin, 132 Tex. 354, 123 S.W.2d 638; Allred v. Beggs, 125 Tex. 584, 84 S.W.2d 223; Mueller v. Banks, Tex.Civ.App., 317 S.W.2d 256; Union Bus Lines, Inc. v. Southwestern Greyhound Lines, Inc., Tex.Civ.App., 250 S.W.2d 269, ref., n. r. e.; Gibson v. Richter, Tex.Civ.App., 97 S.W.2d 351; Green v. Green, Tex.Civ.App., 247 S.W.2d 583; State ex rel. Cavanaugh v. Nelson, Tex.Civ.App., 170 S.W. 814; McCarty v. Duncan, Tex.Civ.App., 330 S.W.2d 899. The corporate charter of Rice University, in which the Trust Indenture is quoted, is attached to the plaintiffs' original petition.

  3. Thornhill v. Elskes

    381 S.W.2d 99 (Tex. Civ. App. 1964)   Cited 14 times

    The power to construe wills is vested in the District Court by separate and independent action, after the will has been probated. Murphy v. Slaton, 154 Tex. 35, 273 S.W.2d 588; McCarty v. Duncan, Tex.Civ.App. (n. w. h.) 330 S.W.2d 899. The District Court of the county in which the will is probated does not, however, have exclusive jurisdiction of a suit to construe such will.