Portis v. Cummings
Texas Supreme Court
Appeal from Austin. Administration upon the estate of John Cummings was obtained by the party appellant, in 1839. The personal property of the estate appears to have been sold for cash, by order of the Court in October, 1840; and the administratrix then obtained an order giving her until the December Term thereafter to render an account of her acts in the administration of the estate.
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Appeal from Austin. Administration upon the estate of John Cummings was obtained by the party appellant, in 1839. The personal property of the estate appears to have been sold for cash, by order of the Court in October, 1840; and the administratrix then obtained an order giving her until the December Term thereafter to render an account of her acts in the administration of the estate. In January, 1841, she was cited to render an account of her administration to the Probate Court. And in the following February she did render an account, showing the payment of debts of the estate, and a balance…
1Opinion of the CourtWheeler, J.
It appears that the estate had been administered, by the sale of the personalty, and the payment of the debts; and the administration nearly, if not quite completed in February, 1841. Nothing indeed appears to have been necessary to complete the administration, but a final settlement and discharge of the administratrix. Though such settlement and discharge are not shown, yet upon the authority of Murphy v. Menard, lately decided (supra) and other decisions there referred to, in the absence of anything appearing to the contrary, it must beheld the legal presumption, that the administration had…
2Cited by2 opinions
- Abrams v. Ross' EstateTexas Commission of Appeals · 1923
- Dodge v. PhelanCourt of Appeals of Texas · 1893