Newton v. Newton
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Everett Lewis. Mary Hewton filed her application in the county court of Wilson county to be appointed administratrix, with the will annexed, of the estate of James Hewton, deceased. Afterwards D. C. Hewton et al. filed in the county court a protest against the appointment. Mary Hewton’s application was granted, and she was appointed administratrix without bond.
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Appeal from Wilson. Tried below before the Hon. Everett Lewis. Mary Hewton filed her application in the county court of Wilson county to be appointed administratrix, with the will annexed, of the estate of James Hewton, deceased. Afterwards D. C. Hewton et al. filed in the county court a protest against the appointment. Mary Hewton’s application was granted, and she was appointed administratrix without bond. To this judgment D. C. Hewton et al. excepted, and gave notice of appeal in open court, and filed their appeal bond, which was approved. In the district court, D. C. Hewton et al. filed a…
1Opinion of the Court
Willie, Chief Justice.—
In the case of Davenport v. Hervey, 30 Tex., 327, this court held, in effect, that a party contesting an application in the county court might be required by the applicant to state his interest in the estate; but that this must be done by a precise exception taken to his appearance in the case. They also held that this exception must be taken in limine, and could form no part of the inquiry after an issue had been made upon the merits.
*513Ifc was also said in that case, that, “ as the matter is heard da novo in the district court on the appeal, the executor or administrator…
2Cases cited1 opinion
- Davenport v. HerveyTexas Supreme Court · 1867
3Cited by28 opinions
- Freeman v. FreemanTexas Supreme Court · 1959
- Olds v. TraylorCourt of Appeals of Texas · 1944
- Womble v. AtkinsTexas Supreme Court · 1960
- Abrams v. Ross' EstateTexas Commission of Appeals · 1923
- Fischer v. WilliamsTexas Supreme Court · 1960
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