Smith and Potter, Executors v. Cairns
Texas Supreme Court
Ebbob to the Court of Civil Appeals for the Second District, in am appeal from Coolce County. M. E. Cairns appealed from an order of the District Court (on appeal from the County Court) directing the executors to sell real estate for payment of certain pecuniary legacies. The Court of Civil Appeals having reversed the judgment, the executors obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
This proceeding originated in the County Court of Cooke County by an application of plaintiffs in error, who are the executors of the will of L. G. Cairns, deceased, for an order renewing a former order of the court, authorizing them to sell certain land of the estate for the purpose of paying pecuniary legacies bequeathed by -the will of the decedent. The application was resisted by defendant in error, who was the adopted daughter and is the only heir of the decedent, on the ground that, by the law, the lands which descended to the heir are not charged with the…
2Cases cited2 opinions
- Alexander v. Miller's HeirsTennessee Supreme Court · 1871
- Mollan v. GriffithNew York Court of Chancery · 1831
3Cited by3 opinions
- Jones v. HextCourt of Appeals of Texas · 1933
- Geraghty v. RandalsCourt of Appeals of Texas · 1949
- O'Donnell v. O'Donnell GallagherCourt of Chancery of Delaware · 1920