Legal Opinion

Burks v. Bennett

Texas Supreme Court

Decided October 25, 1884No. Case No. 1674PublishedCited by 16 opinions

Appeal from Maverick. Tried below before the Hon. Thos. M. Paschal. This suit grew out of a probate proceeding in the district court, in the estate of J. M. and E. A. Ramirez, deceased. A part of the proceeding will be found reported in Burks v. Bennett, 55 Tex., 237. After the administration was transferred to the district court, Mrs. Burks, as administratrix, presented an account of the.administration to the court, which was contested by Mrs. Bennett as heir.

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Appeal from Maverick. Tried below before the Hon. Thos. M. Paschal. This suit grew out of a probate proceeding in the district court, in the estate of J. M. and E. A. Ramirez, deceased. A part of the proceeding will be found reported in Burks v. Bennett, 55 Tex., 237. After the administration was transferred to the district court, Mrs. Burks, as administratrix, presented an account of the.administration to the court, which was contested by Mrs. Bennett as heir. Several of the items were objected to as credits upon the ground that John S. Sproull, who as county judge had approved the claims…

1Opinion of the Court

Watts, J. Com. App.

This is a proceeding in the district court in the administration of the estate of Ramirez and his wife, both deceased. The administration had been transferred to the district court from the county court of Maverick county, on account of the disqualification of the county judge. The proceeding resulting in the transfer of the administration is reported in 55 Tex., 237. There two grounds of disqualification of the county judge were asserted and relied on: the first, that he was a creditor of the estate; and the other, that he had qualified as temporary administrator prior to…

2Cases cited8 opinions

  1. Chambers v. HodgesTexas Supreme Court · 1859
  2. Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
  3. Slaven v. WheelerTexas Supreme Court · 1882
  4. Garrett v. GainesTexas Supreme Court · 1851
  5. Hodde v. SusanTexas Supreme Court · 1883

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Fry v. TuckerTexas Supreme Court · 1947
  2. Jirou v. JirouCourt of Appeals of Texas · 1910
  3. Russell v. DobbsTexas Supreme Court · 1962
  4. Janak v. Federal Deposit Insurance Corp.Court of Appeals of Texas · 1979
  5. Ferguson v. ChapmanCourt of Appeals of Texas · 1936

11 more not listed; retrieve them via the Exa API.

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