English's Adm'r v. Murray
Texas Supreme Court
Error from Walker. The defence in this case was the statute of limitations. The operation of the statute had been suspended by the removal of the debtor, Wm. K. English, from the State, and it had recommenced on his death.
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Error from Walker. The defence in this case was the statute of limitations. The operation of the statute had been suspended by the removal of the debtor, Wm. K. English, from the State, and it had recommenced on his death. It became important, therefore, to prove the time of his death ; and, to establish the fact that he died in or before the year 1846, the defendant attempted to oiler in evidence a transcript of a record from a Court in Tennessee, showing the issue of letters of administration on the estate of the said English in 1846. The evidence was refused, and this refusal has been…
1Opinion of the Court
Hemphill, Ch. J.
Letters of administration are conclusive that the person therein appointed administrator is such. (2 Phillips, p. 29.) But the decree granting letters is one which does not arise out of an adverse suit between parties, and in the language of the books there is no reason for allowing it any further effect than that of establishing the rights and liabilities incident to the estate and legal character of the grantee as administrator. Consequently the letters are not legitimate proof of the death of the person upon whose estate they are granted. (2 Phillips, p. 31.) It is said…
2Cited by7 opinions
- Herndon v. VickCourt of Appeals of Texas · 1898
- Turner v. SealockCourt of Appeals of Texas · 1899
- Morin v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Lukens v. Camden Trust CompanyNew Jersey Superior Court Appellate Division · 1948
- Fischer v. GiddingsCourt of Appeals of Texas · 1906
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