Woodward v. Suggett (59 Tex. 619, 1883)

Willie, Chief Justice.—

Under the pleadings and evidence in this cause it is clear that so much of the judgment as finds in favor of the minors George Suggett and Mary Suggett four hundred and thirty-two and two-thirds acres of the land in controversy is correct and must be affirmed. The land was proved to have been the separate property of the father of these minors; that they, as his heirs, were entitled to two-fifths of it, and as heirs of their deceased brother (James) to one-twelfth more. The deed of their mother, made after the death of their father, conveyed to Womack only her life estate in one-third of the land, and the one-twelfth inherited by her from James, her deceased child. She having died, and her life estate having become théreby extinguished, and three of her children being adults, having conveyed to Womack their interest in the land, and making no claim to it, Womack became invested with three-fifths and one-twelfth of the land. This was the condition of the title on the day that Womack conveyed to Mrs. Woodward, i.