Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 3
xxii, 836 p., 22 cm.View a full description of this book.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
1884.] WEIr v. SMITH. 3
Statement of the case.
thereto in the name of one or both of them in their fiduciary capacity
aforesaid, took the same in the name of said Benjamin Weir
individually; that on March 30, 1871, said Benjamin Weir, for the
nominal consideration of $1, but really without any valuable consideration,
and as a mere gift, by deed conveyed said lot to the
defendants Eliza M. Weir and Monterey V. Weir, who are now in
possession of and claiming the same under said conveyance; that
said Benjamin Weir took said title in trust for said estate, and that
Eliza M. and Monterey V. Weir now hold the same in trust for said
estate, and the same constitutes a part of said estate.
'' That on October 11, 1871, said executors, for the consideration
of $350, paid by them out of the funds belonging to said estate, and
held by them in their said fiduciary capacity, purchased the north
half of lot No. 12, in said block No. 27, in the city of Austin, and
instead of taking title thereto in the name of one or both of them
in their said fiduciary capacity, took the same in the name of said
Benjamin Weir individually; that afterwards, at a date unknown
to plaintiffs, said Benjamin Weir, in some form, but just how they
are not advised, conveyed said half lot to said Martha J. Weir; that
said deed has never been recorded; that said Martha J. Weir, by
deed dated January 20, 1875, without any valuable consideration,
and as a mere gift, conveyed said half lot to said Eliza M. Weir,
who is now in the possession of and claiming the same; that said
Benjamin and Martha J. Weir took said title in trust for said estate,
and that said Eliza M. Weir now holds the same in trust for said
estate, and that the same constitutes a part of said estate.
"That said executors, at some time prior to January 1, 1875, purchased
the south half of said lot No. 12, in block No. 27, and paid
for the same out of money which belonged to said estate, and held
by them in their fiduciary capacity aforesaid, and took a conveyance
therefor, but the same has never been placed on record, and
plaintiffs cannot aver to whom said title was taken, but plaintiffs
say that the same was taken in the name of Benjamin Weir, Martha
J. Weir, Eliza AM. Weir, or Monterey V. Weir, or to some combination
of two or more of said four persons, and that such person
or persons now hold the same in trust as a part of said
estate.
"That said executors, after their appointment as such, exchanged
a; tract of four hundred and ninety-two acres of land, a part of the
Wm. Porter survey, in Hays county, and inventoried as a part of
said estate, and which was a part of the property of said estate, for
a tract of four hundred and ninety-two acres, a part of the Varcinas
Upcoming Pages
Here’s what’s next.
Search Inside
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/25/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .