Tippett v. Mize
Texas Supreme Court
Appeal from Panola. The case was tried before Hon. M. D. Ector, one of the district judges. * Burnell Benton died in Panola county, Texas, having made a last will and testament, in which executors were named, who probated the will, but did not qualify. The appellant was appointed administrator with the will annexed, and gave bond.
Read the full summary
Appeal from Panola. The case was tried before Hon. M. D. Ector, one of the district judges. * Burnell Benton died in Panola county, Texas, having made a last will and testament, in which executors were named, who probated the will, but did not qualify. The appellant was appointed administrator with the will annexed, and gave bond. The will provides that the property of the testator should be sold at his residence on credit, after giving certain notices, and that the probate court should exercise no authority over the estate. The administrator sold the property as directed by the will, without…
1Opinion of the CourtDonley, J.
Burrell Benton, by his will, having disposed of his estate, and given particular directions as to the sale and distribution of it, provided that no other action should be had in the court in relation to the settlement of his estate than the probate and registration of his last will and testament, and the return of an inventory of his estate, directed that no bond should be required of his executor. An executor was named, and by a codicil another party was named as co-executor. On the decease of the testator, the parties named as executors appear to have declined to act under the will, and the…
2Cases cited4 opinions
- Langley v. HarrisTexas Supreme Court · 1859
- Brown v. ChristieTexas Supreme Court · 1863
- Peters v. CatonTexas Supreme Court · 1851
- Wooten v. DunlapTexas Supreme Court · 1857
3Cited by5 opinions
- Compton v. McMahanMissouri Court of Appeals · 1885
- Cruse v. O'GwinCourt of Appeals of Texas · 1907
- Hubermann v. EvansNebraska Supreme Court · 1896
- In Re Estate of George W. GrantTexas Supreme Court · 1899
- Vardeman v. RossTexas Supreme Court · 1872