Bennett v. Kiber

HENBY, Associate Justice.

This suit was instituted by appellants on the 30th day of April, 1888, to recover 3454 acres of land lying in Brazoria County. Plaintiffs alleged that they owned the land as devisees in the last will of Sarah A. Wharton, who they charge died in the year 1878, having named J. P. Bryan and J. W. Harris executors of her will. The petition alleges that the will was an independent one and was duly probated, and that both of the executors qualified as such; that after-wards a creditor of the estate sued J. P. Bryan, as executor of said will, and recovered against him a…