Mitchell v. De Witt
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. John K. Castleman died in 1840, leaving a widow, Sarah Castleman, and as part of his estate a league of land in Gonzales county, which he had purchased from Byrd Lockhart, and which was community property.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. John K. Castleman died in 1840, leaving a widow, Sarah Castleman, and as part of his estate a league of land in Gonzales county, which he had purchased from Byrd Lockhart, and which was community property. On the 13th of November, 1840, said Sarah applied for letters of administration; at November Term, order for letters to issue as prayed; December 1st bond filed and approved; inventory and appraisement; February Term, 1841, on petition of the sureties of said administratrix, they were discharged, and time was given till the…
1Opinion of the CourtWheeler, J.
Upon the death of Castleman his wife’s interest in the community became liable to her disposition; but subject to the community debts, and the charges of administration. By a sale of her community interest she could not deprive the Probate Court of its power to order administration of the estate. She could not defeat the rights of creditors, nor relieve the community from the charges of administration. Her vendee would take the estate subject to those rights and burdened with those charges.
At the time of the sale by the late widow, now Mrs. McDaniel, there was no acting administrator of the…
2Cited by15 opinions
- Eason v. EasonTexas Supreme Court · 1884
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Norwood v. Farmers & Merchants Nat. Bank of AbileneCourt of Appeals of Texas · 1940
- Hocker v. PiperCourt of Appeals of Texas · 1928
- Morris v. HalbertTexas Supreme Court · 1872
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