Johnson v. Egert, 12214
| Citation | 233 S.W.2d 958 |
| Decision Date | 19 October 1950 |
| Docket Number | No. 12214,12214 |
| Parties | JOHNSON et al. v. EGERT et al. |
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
Williams & Thornton, Bryan Williams, of Galveston, for Mrs. Anna Johnson and others, administrators.
DeLange & Hudspeth, Albert J. DeLange, C. M. Hudspeth, Eugene J. Pitman, of Houston, for Mrs. Anna Johnson and others individually.
Stone & Phipps, James H. Phipps, of Galveston, for Willian Egert and Helen Lee.
Armstrong, Barker, Bedford & Lambdin, Owen D. Barker, of Galveston, for Mrs. Josephine Egert.
On February 11, 1949, three of the heirs of Mrs. Eva Egert, deceased, filed an application in the County Court of Galveston County for a partition of Mrs. Egert's estate and a distribution of its assets.
A contest and objection to the application was filed by certain heirs of Mrs. Egert, and on a hearing before the Court, judgment was rendered ordering certain property of the estate which was held to be incapable of partition sold and, after withholding from the proceeds of the sale the sum of $15000, which was determined to be sufficient to pay the debts of the estate, the balance was ordered distributed to the persons held by the Court to be entitled thereto. The Court ordered that commissioners be appointed to make partition and distribution of the assets of the estate, and that a sufficient amount be retained by the administratrices to pay the debts due by the estate and the necessary expenses of administration. Appellants, Mrs. Anna Johnson, Mrs. Louise Fritiofson and Mrs. Leona Martyn, appealed from this order to the District Court of Galveston County.
In a trial in the District Court a jury found, in substance, in answer to special issues submitted that it would be fair and equitable to all parties interested therein that the administration of the estate be wound up and its assets distributed; and that it would be more advantageous to the heirs to sell the 320 acres of land belonging to the estate and located on Galveston Island to raise the money to discharge debts due by the estate. The jury found that this 320 acres of land was not susceptible of fair and equitable partition in kind.
The Court in its judgment ordered that the 320 acres of land known as the Island property be sold and that $20,000 from the proceeds of the sale be retained for the payment of the debts due by the estate. The administration of the estate was ordered terminated and the property partitioned and distributed to the parties entitled thereto. The Court in its judgment determined the persons entitled to a share of said estate and the proportional part to which each was entitled and ordered distribution of the assets of the estate and that the judgment be certified to the County Court for observance and that a certified copy thereof be transmitted to the Clerk of the County Court of Galveston County for the observance of such Court together with all original papers and that the Clerk of the County Court file such certified copy of the judgment and record it in the Minutes of the Court. Mrs. Anna Johnson, Mrs. Louise Fritiofson and Mrs. Leona Martyn have appealed from this judgment.
Mrs. Eva Egert died intestate at Galveston, Texas, on May 21, 1947, leaving six children surviving her as her only heirs. Mrs. Louise Fritiofson and Mrs. Anna Johnson were appointed and qualified as administratrices of the estate. The property of said estate in the City of Galveston consisted of 15 tracts of real property. There was a small tract at Texas City and one in Harris County. The other property belonging to said estate except 320 acres on Galveston Island, known as the Island property, consisted of cash and bonds, the velues of which are undisputed. There is no substantial dispute as to value of any of the properties of the estate except said 320 acres of land in Galveston County.
This proceeding was brought under the provisions of Article 3608 of the Revised Civil Statutes which provides that if an estate does not consist entirely of money or debts due the estate, or both, the Court shall appoint three or more discreet and disinterested persons as commissioners, to make a partition and distribution of the estate, unless the Court has already determined that the estate is incapable of partition. Article 3604 of the Revised Statutes provides...
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...of the qualifications of the witness is merely a factor to be considered in weighing his testimony. Johnson v. Egert, 233 S.W.2d 958 (Tex.Civ.App. 1950, writ ref'd n. r. e.).' Id. at 538. The testimony of the owner that he knows the value of the property is sufficient to qualify him to give......
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Barstow v. Jackson
...weakness of the qualifications of the witness is merely a factor to be considered in weighing his testimony. Johnson v. Egert, 233 S.W.2d 958 (Tex.Civ.App., 1950, writ ref'd n.r.e.).' It is well settled that the qualification of a witness to testify on the question of value is primarily to ......
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Pontiac v. Elliott, 01-88-00689-CV
...of the witness is merely a factor to be considered by the court in weighing the testimony. Johnson v. Egert, 233 S.W.2d 958 (Tex.Civ.App.--Galveston 1950, writ ref'd n.r.e.). Considering the foregoing, I would overrule the appellant's no evidence and insufficiency points of error, and hold ......
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