McCown's Executors v. Foster
Texas Supreme Court
Appeal from Montgomery. Tried below before the Hon. E. A. Palmer. Mary Corley died in 1847, leaving four children, who were her heirs, and also legatees under her will. Alexander MeCown was appointed-administrator of her estate, with the'will annexed.
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Appeal from Montgomery. Tried below before the Hon. E. A. Palmer. Mary Corley died in 1847, leaving four children, who were her heirs, and also legatees under her will. Alexander MeCown was appointed-administrator of her estate, with the'will annexed. The plaintiffs in this action were her heirs and legatees, and the •object of the suit was to surcharge and falsify the accounts of MeCown as administrator, and also to recover from Ballew and Gvayless, land purchased by them at sales made by MeCown as administrator, under orders obtained bv him from the Prohate Court. Fraud and…
1Opinion of the CourtWalker, J.
This was an action brought by the heirs at law of Mary Corley, who died testate in 1847, to surcharge and falsify the accounts of McOown, the administrator with the will annexed, and to set aside certain sales made by him of lands. There has been very protracted litigation, involving great expense to the *246parties and their legal representatives, for the ease appears to have outlived a generation of men and women, and a record of four hundred and fifteen pages has accumulated before the case has reached this court.
The case is in the nature of a proceeding in chancery. Certain issues of fact…
2Cited by3 opinions
- Dean v. DeanCourt of Appeals of Texas · 1914
- Adams v. ThomasSupreme Court of Arkansas · 1884
- In the Estate of Stacy Lynn Fuchsman v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2026