Neill v. Hodge
Texas Supreme Court
Appeal from Gonzales. The appellee filed his final account, and published notice in the*nsual form that at the next term of the Probate Court lie would move its confirmation and for his discharge.
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Appeal from Gonzales. The appellee filed his final account, and published notice in the*nsual form that at the next term of the Probate Court lie would move its confirmation and for his discharge. Thereupon the appellant .filed his petition in the Probate Court, setting forth that he had a claim against the estate which had been duly presented to and approved by the administrator and judge of probate, and praying that the final account of the administrator should not be confirmed, &e., until appellant’s claim was paid. The hearing of this petition was by order duly entered on record continued…
1Opinion of the Court
Lipscomb, J
The judgment of the District Court is attempted to he sustained on the ground that the appellant ought to have appealed from the judgment of the Probate Court on the final settlement with the administrator. This probably was the view taken by the District Court on the trial. But under the circumstances of this case the correctness of this opinion may well be questioned. It may be true that the appellant could have taken ins appeal from the order of the probate judge on the final settlement of the administrator’s accounts; and had his application to the court for payment of the debt…
2Cited by9 opinions
- Giddings v. SteeleTexas Supreme Court · 1866
- Jones v. WynneTexas Supreme Court · 1939
- Heffner v. BranderTexas Supreme Court · 1859
- Jones v. WynneCourt of Appeals of Texas · 1937
- Krawietz v. KneiskiCourt of Appeals of Texas · 1922
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