Dial v. Dial (21 Tex. 529, 1858)

Roberts, J.

Appellants are the children of Isaac Dial and his wife, formerly Jane Patton, one of whom, Garlington Dial, is of age, and the others are minors, suing by their next friend Isaac Dial. The object of the suit is to recover certain property alleged to be held in trust for them by Garlington C. Dial, under the will of their grandfather Isaac Dial, who made his will and died in the State of South Carolina ; one clause of which will reads as follows, to-wit; “ I give and bequeathe unto Garlington C. Dial in trust for the children of my son Isaac Dial, that he has or may have by Jane Patton, with whom he now lives in the character of a wife, one negro boy named Henry and three hundred dollars in cash, when my estate is divided and the money collected, in full of all my estate.” It is alleged that Garlington C. Dial has had possession of said property and the profits thereof since the year 1836, (stating the value,