Legal Opinion

Wall v. Clark

Texas Supreme Court

Decided July 1, 1857PublishedCited by 9 opinions

Appeal from Houston. Tried below before the Hon. John H. Reagan. At November Term, 1856, on petition of Charles L. Wall, the County Court granted him letters of administration on the estate of Margaret Clark, deceased. It did not appear when she died. At the same Term the administrator applied for an order to sell the perishable property belonging to said estate, describing it. In this petition the administrator said there were no children. The order was then granted.

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Appeal from Houston. Tried below before the Hon. John H. Reagan. At November Term, 1856, on petition of Charles L. Wall, the County Court granted him letters of administration on the estate of Margaret Clark, deceased. It did not appear when she died. At the same Term the administrator applied for an order to sell the perishable property belonging to said estate, describing it. In this petition the administrator said there were no children. The order was then granted. Before the next Term, Spencer Clark filed his petition in said Court, representing that his wife, the said Margaret, having…

1Opinion of the CourtRoberts, J.

Clark and his wife had no children. They had community property, and she had separate property. Having died, her estate was administered upon by Wall, in November, 1856. At the same time he obtained an order to sell the community property and hire out the negroes, both of the community and separate estate; and had appraisers appointed. At the next Term of the County Court, an inventory was returned, and Clark presented his petition to the Court, claiming the community property as his own, and asking that the order of sale should be revoked, and that the administrator be required to deliver to…

2Cited by9 opinions

  1. Weeks v. De YoungCourt of Appeals of Texas · 1926
  2. Jones v. MeyerCourt of Appeals of Texas · 1923
  3. Walker v. HowardTexas Supreme Court · 1871
  4. Ballard v. McMillanCourt of Appeals of Texas · 1893
  5. Graves v. SmithCourt of Appeals of Texas · 1911

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