Sherman v. Goodson's Heirs

• Decision Date: 06 March 1920
• Docket Number: (No. 2232.)
• Citation: 219 S.W. 839
• Parties: SHERMAN et al. v. GOODSON'S HEIRS et al.
• Court: Texas Court of Appeals

219 S.W. 839

SHERMAN et al. v. GOODSON'S HEIRS et al.

(No. 2232.)

Court of Civil Appeals of Texas. Texarkana.

March 6, 1920.

Rehearing Denied March 18, 1920.

Appeal from District Court, Hopkins County; Wm. Pinson, Judge.

Suit by M. J. Mauney and others against all parties claiming under the will of Sue E. Goodson, deceased, consolidated with a will contest suit appealed from the county court. From the judgment rendered, Maud K. Sherman and others appeal. Affirmed.

Thornton & Thornton, J. L. Mothershed, and C. O. James, all of Sulphur Springs, for appellants.

C. E. Sheppard, of Sulphur Springs, Melson & Dial, of El Paso, and B. W. Foster, of Sulphur Springs, for appellees.

HODGES, J.

This is a contest between collateral relatives of M. A. Goodson and Sue E. Goodson, two aged maiden sisters, who lived and died in Hopkins county. They owned jointly and severally considerable property situated in that county, and for many years lived together and used their property in common. In 1911 they executed the following instrument as their last will:

"The State of Texas, County of Hopkins: Know all men by these presents. That we, M. A. Goodson and Sue E. Goodson, of the county of Hopkins and state of Texas, being in reasonably good health and of sound and disposing mind and memory do make and publish this our last joint and several will and testament, thereby revoking all wills by us or either of us at any time heretofore made.

"First. We direct that all our just debts shall be paid, and that the legacies hereinafter given, shall, after the payment of our debts, be paid out of our estates.

"Second. It is our joint and several will, and we so direct, that all the property, both real and personal, and mixed, belonging to the one who shall die first shall pass to the survivor to be used by such survivor as she may choose during her lifetime for her comfort and support, and at the death of the survivor it is our joint and several will that whatever is left of the property belonging to us or either of us, shall pass and descend as follows:

"First. We hereby give the homestead on which we now live to our beloved niece, Maud Sherman, same to include dwelling, barn and outhouses, 50 acres of land, beginning at 100 feet east of the northwest corner of land heretofore sold W. T. McClendon; thence to the northwest corner of same; thence south to the south line of our tract; thence west 400 varas to a stake; thence north, east and south so as to include 50 acres of land, it being our intention to include our dwelling house, garden, barn and outhouse with said 50 acres of land.

"Second. We give all our household and kitchen furniture and household effects of every kind to the following named persons, viz: Our beloved niece Maud Sherman and her children, viz: Martha, Ann, Mary, Sue, Lizzie, William, Rosa, Nell, Elliott and Francis, and to our beloved nephew, Sam Burnett Goodson.

"Third. We hereby give and bequeath to our much beloved nephew, Sam Burnett Goodson, our brick house, situated in Sulphur Springs, Texas, and now occupied by Perkins Dry Goods Company, to be used for his education and maintenance.

"Fourth. It is our joint will, and we so direct, that all the residue of our property, after the death of each of us, shall pass and descend to the following named persons, share and share alike, viz: Our brother, Sam S. Goodson, our sister, Martha Jane Mauney, our niece, Annie English, our nephew Richard Goodson, our grandnephew Sam Burnett Goodson, and his father Wiley Goodson.

                  "Fifth. We jointly direct that no bond shall be
                required of the survivor in the management and
                control of the estate of which the first of us to
                die shall be seized and possessed, and that no
                inventory shall be required, but that she shall
                have the free use of same without any restrictions
                of any character whatever, with full power
                to sell and dispose of any and all of said
                property as she may see proper, without any
                action through probate court. In witness hereof
                we have hereunto set our hands, this the 31st
                day of January, 1911, in the presence of R. B
                Keasler and S. S. Bulloch, who attest the same
                at our request.                Sue E. Goodson
                                              "M. A. Goodson."
                

After the execution of that will they continued to live together, using their property jointly as before. In 1914 the older sister, M. A. Goodson, died without having made any other disposition of her property. On February 13, 1915, the will above referred to was filed for probate by the surviving sister, Sue E. Goodson, and was later admitted to probate in due form. The property of M. A. Goodson at the time of her death was valued at $14,399. After the death of her sister, Sue E. Goodson became the recipient of many acts of kindness and attention from those relatives who had been discriminated against in this will. In April of 1917 she executed another will, in which she expressly revoked all wills previously made by her, and provided for a disposition of her property different from that made in the will executed jointly with her sister. She appointed Mrs. Maud K. Sherman, a niece, as independent executrix without bond. On April 18, 1919, Sue E. Goodson died, and a few days later her last will was filed for probate by Mrs. Maud K. Sherman. In July following a contest of that will was filed by M. J. Mauney, Annie E. English, Wiley Goodson, and Sam Burnett Goodson, beneficiaries under the joint will. The contestants alleged the execution of the joint will and its probate by Sue E. Goodson, and asked that the same be admitted to probate, and prayed that the instrument presented as the last will of Sue E. Goodson be rejected. Judgment was rendered in the county court, refusing the application of Mrs. Maud K. Sherman and admitting to probate as the last will of Sue E. Goodson the joint will executed by...