Flores v. Howth
Texas Supreme Court
Appeal from Bexar. The appellant brought this suit against the appellees as sureties on an administration houcl given by one Van Ness, in the penalty of five thousand dollars, conditioned for the faithful discharge of the duties of administrator of the estate of one Zembrano.
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Appeal from Bexar. The appellant brought this suit against the appellees as sureties on an administration houcl given by one Van Ness, in the penalty of five thousand dollars, conditioned for the faithful discharge of the duties of administrator of the estate of one Zembrano. The bond bore date the 8th day of March, 1838. The petition alleged the death of Van Ness, wholly insolvent, without having settled the estate; the appointment of plaintiff as administrator de bonis non. and the breach of the bond on the part of Van Ness in not accounting and settling for a large amount of money received…
1Opinion of the CourtLipscomb, J.
The appellees have insisted that there is no error in the judgment of the court below in sustaining the demurrer, because the petition shows that the breach complained of was in not accounting for money received by the administrator in 1842, which was after the time fixed bylaw for closing the administration, and that at the time of the default complained of the appellees were no longer securities for his administration. They insist that this is the law in Louisiana in relation to successions, which law was in force in the Republic at the date of their bond. By the ordinance of the…
2Cited by2 opinions
- American Surety Co. of New York v. State Ex Rel. BaleCourt of Appeals of Texas · 1925
- Dodge v. PhelanCourt of Appeals of Texas · 1893