Birdwell v. Kauffman
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. Peter W. Gray. . This was a suit brought in the District Court in> September, 1857, by E. Kauffman, J. P. Lee and U. B. Brewster, against Thomas G. Birdwell, administrator of the estate of Isaac Tousey, deceased.
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Appeal from Walker. Tried below before the Hon. Peter W. Gray. . This was a suit brought in the District Court in> September, 1857, by E. Kauffman, J. P. Lee and U. B. Brewster, against Thomas G. Birdwell, administrator of the estate of Isaac Tousey, deceased. The plaintiffs were creditors of the estate, holding claims of the fourth class. • Tousey died in the year 1853, and the defendant appointed administrator in 1854. At the time of his death there existed against him, in full force, divers judgments in favor of several other creditors respectively, which had been rendered in the years…
1Opinion of the CourtWheeler, C. J.
It is insisted for the appellant that it was not competent to institute this proceeding, under the statute, to revise the action of the Probate Court until after final settlement of the administration, and that the suit was prematurely brought The provision of the statute is that “ any one interested in the estate of a deceased person, may at any time within two years after the settlement by the Chief Justice, of any account of the executor or administrator of such estate, have the same revised and corrected,” &c. (Hart. Dig., Art. 1230.)
It will be observed that it is not the settlement by…
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