Legal Opinion

H. J. Mullins & Co. v. Thompson

Texas Supreme Court

Decided July 1, 1879PublishedCited by 17 opinions

Appeal from Houston. Tried below before the Hon. E. 5. Walker. H. J. Mullins & Co. instituted proceedings Hovember 10, 1874, by motion, against S. M. Thompson, administrator of the estate of W. P. Thompson, in the District Court of Houston county, on probate side, to compel the administrator to inventory as part of the estate the proceeds of a policy of insurance for $2,500, issued by the Phcenix Life Insurance Company.

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Appeal from Houston. Tried below before the Hon. E. 5. Walker. H. J. Mullins & Co. instituted proceedings Hovember 10, 1874, by motion, against S. M. Thompson, administrator of the estate of W. P. Thompson, in the District Court of Houston county, on probate side, to compel the administrator to inventory as part of the estate the proceeds of a policy of insurance for $2,500, issued by the Phcenix Life Insurance Company. The defendant resisted the motion, claiming that the policy was payable to the heirs of said deceased, and formed no part of the estate; that the deceased died unmarried,…

1Opinion of the Court

Gould, Associate Justice.

Appellants, creditors of the estate of W. P. Thompson, deceased, sought, by motion, to compel his administrator to inventory as part of the estate a certain life insurance policy. The administrator claimed that the policy constituted no part of the estate, but belonged to himself and wife, the parents and sole heirs of deceased. *12On account of the disqualification of the county judge, the motion was transferred to the District Court. That court, made its order refusing the motion, and the case comes here by appeal.

The statement of facts recites that “plaintiffs in the…

2Cases cited2 opinions

  1. Wason v. ColburnMassachusetts Supreme Judicial Court · 1868
  2. Loos ex rel. Loos v. John Hancock Mutual Life InsuranceSupreme Court of Missouri · 1867

3Cited by17 opinions

  1. Martin v. McAllisterTexas Supreme Court · 1901
  2. Lee v. LeeTexas Supreme Court · 1923
  3. Martin v. MoranCourt of Appeals of Texas · 1895
  4. Northwestern Masonic Aid Ass'n v. JonesSupreme Court of Pennsylvania · 1893
  5. Valdez v. RamirezTexas Supreme Court · 1978

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