(Download) "Maurice J. Lehmann Et Al v. Anton Krahl and Steve Krahl" by The Texas Court of Criminal Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Maurice J. Lehmann Et Al v. Anton Krahl and Steve Krahl
- Author : The Texas Court of Criminal Appeals
- Release Date : January 30, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This is a will contest. The trial court judgment in favor of the proponents, Lehmann et al. (our petitioners here) was reversed and remanded by the San Antonio Court of Civil Appeals. 277 S.W.2d 792. The stated grounds or theories of the reversal, which we must review, were: (a) that the will was invalid under Art. 8283, Vernons Tex. Civ. Stats. Ann. one of the two witnesses being not "credible," because he was at all relevant times the husband of a legatee, thus a necessary party to a contest of the will, thus a "party" under the so-called "Dead Man Statute" (Art. 3716) and accordingly incompetent to testify in such a proceeding as to the execution of the will; (b) that certain jury argument of counsel for one of the several proponents was improper and prejudicial in its reference to the fact that the proponent Lehmann and sundry other parties were barred by Art. 3716 from testifying.