McGowen v. Zimpelman
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. One J. McGowen died on the 11th day of March, 1877, in the city of Austin.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. One J. McGowen died on the 11th day of March, 1877, in the city of Austin. George B. Zimpelman was appointed, first, temporary administrator, on the 21st of March, 1877, and at the June term of the county court, 1877, was appointed permanent administrator of his estate, and had proceeded to the discharge of the duties of his appointment. ■ On the 2d of October, 1878, more than eighteen months after the death of McGowen, appellant Mary McGowen filed her petition in the district court of Travis county, alleging that she was, on 21st…
1Opinion of the Court
Bonner, Associate Justice.
It is contended by appellant Mary McGowen, that as the estate of J. McGowen was insolvent, the property was not subject to sale for the payment of debts, but that she, as the surviving wife, was entitled to it. She further contends that the probate court of Travis county had no jurisdiction over this property under article 5487, Pasch. Dig., which provides that property reserved from forced sale, or its value if there be no such property, does not form any part of the estate of a deceased person, if a constituent of the family survives.
This article constituted…
2Cases cited2 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Runnels v. RunnelsTexas Supreme Court · 1864
3Cited by7 opinions
- Price v. SmithCourt of Appeals of Texas · 1937
- Tiboldi v. PalmsCourt of Appeals of Texas · 1904
- Bell v. BowlesCourt of Appeals of Texas · 1923
- Early v. ComptonCourt of Appeals of Texas · 1912
- Finley v. HartsookCourt of Appeals for the Fifth Circuit · 1946
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