Smyth v. Caswell
Texas Supreme Court
Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This suit was instituted by appellant in the district court of Jefferson county, June 12, 1885, against appellee as executrix of the estate of G. C. Caswell, deceased, upon nine promissory notes executed by her testator in his lifetime, and aggregating the sum of $5,814.12. The petition, besides the averments usual in suits on promissory notes, alleges that C. C. Caswell departed this life in Jefferson county,…
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Appeal from Jefferson. Tried below before the Hon. W. H. Ford. This suit was instituted by appellant in the district court of Jefferson county, June 12, 1885, against appellee as executrix of the estate of G. C. Caswell, deceased, upon nine promissory notes executed by her testator in his lifetime, and aggregating the sum of $5,814.12. The petition, besides the averments usual in suits on promissory notes, alleges that C. C. Caswell departed this life in Jefferson county, Texas, August 6, 1883, leaving a will, in which he named the defendant, Anna E. Caswell, his executrix, and authorized her…
1Opinion of the Court
Willie, Chief Justice.
This appeal raises the question as to whether it is necessary before suing an executor administering an estate independently of the county court, upon a claim against his testator, to present the claim to him for allowance.
Prior to the act of January 1, 1862, such an executor could not be sued by a creditor of the estate, but the latter’s only remedy was to cause the persons interested as heirs, devisees or legatees of the deceased, to be cited to file bond for the payment of his debt, and in default of the filing of such bond, the estate was to be settled under…
2Cases cited4 opinions
- Wright v. HaysTexas Supreme Court · 1871
- Hogue v. SimsTexas Supreme Court · 1853
- Wood, Pinson & Hanks v. McMeansTexas Supreme Court · 1859
- Wiley v. PinsonTexas Supreme Court · 1859
3Cited by16 opinions
- Bunting v. PearsonTexas Supreme Court · 1968
- Howard v. JohnsonTexas Supreme Court · 1888
- Ewing v. SchultzCourt of Appeals of Texas · 1920
- Fischer v. BrittonTexas Supreme Court · 1935
- Alice National Bank v. Corpus Christi Bank & TrustCourt of Appeals of Texas · 1968
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