Frier v. Lowe

It is first contended by defendants in error that the appointment of plaintiff in error as administrator de bonis non, instead of administrator de bonis non with the will annexed, was erroneous, and for that reason the demurrer was properly sustained. Section 37 of chapter 3 (Hurd’s Stat. 1905, p. 111,) provides, that “when a sole or surviving executor or administrator dies without having fully administered the estate, if there is personal property not administered, or are debts due from the estate, or is anything remaining to be performed in the execution of the will, the county court shall…