Journeay v. Shook
Texas Supreme Court
Error to the Court of Civil Appeals, Fourth District, in an appeal from Bexar County. The action was brought by Journeay in the District Court to obtain writ of mandamus against the County Judge, whose order, after admitting the will to probate, had, on issues presented by creditors of the estate, suspended the grant of letters testamentary in order to determine whether she was a proper person to receive them.
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Error to the Court of Civil Appeals, Fourth District, in an appeal from Bexar County. The action was brought by Journeay in the District Court to obtain writ of mandamus against the County Judge, whose order, after admitting the will to probate, had, on issues presented by creditors of the estate, suspended the grant of letters testamentary in order to determine whether she was a proper person to receive them. The court granted the writ ordering that plaintiff be permitted to qualify at once. On defendant’s appeal this was reversed, and appellee obtained writ of error.
1Opinion of the CourtChief Justice Brown
From the statement of the Court of Civil Appeals and the papers we make this condensed statement of the facts:
“On October 4th, 1911, appellee filed an application in the County Court of Bexar County for the probate of the will of H. B. Salliway, deceased, and for letters testamentary, she having been appointed independent executrix by the will.
“On November 7th, 1911, a number of creditors of H. B. Salliway filed an instrument in said County Court contesting the application of appellee to be appointed executrix, alleging that she was insolvent, not a proper person to be appointed executrix;…
2Cases cited2 opinions
- Roy v. WhitakerTexas Supreme Court · 1898
- Stevens v. CameronTexas Supreme Court · 1907
3Cited by22 opinions
- Boyles v. GreshamTexas Supreme Court · 1958
- Cocke v. SmithTexas Supreme Court · 1944
- Haynes v. ClantonCourt of Appeals of Texas · 1953
- Hutcherson v. HutchersonCourt of Appeals of Texas · 1939
- Alice National Bank v. EdwardsCourt of Appeals of Texas · 1964
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