Smith v. Smith
Texas Supreme Court
Appeal from Bexar County. This was an appeal from a judgment of the district court, confirming a decree of the probate court, granting letters of administration on the estate of John W. Smith, deceased, to the appellee. The right of the appellee, who claims the administration as surviving wife of the deceased, is contested by the appellant, who represents himself as being the son of a former, and as he contends, the only lawful marriage of the deceased.
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Appeal from Bexar County. This was an appeal from a judgment of the district court, confirming a decree of the probate court, granting letters of administration on the estate of John W. Smith, deceased, to the appellee. The right of the appellee, who claims the administration as surviving wife of the deceased, is contested by the appellant, who represents himself as being the son of a former, and as he contends, the only lawful marriage of the deceased. The other material facts of the case are adverted to in the arguments of the counsel and opinion.of the court. The marriage of John W. Smith…
1Opinion of the Court
Hemphill, O. J.
The provisions of law regulating the rights of parties to administration was, at the commencement of this suit, found in the first section of the “Act regulating the duties of probate courts,” etc.; approved 5th February, 1840 (Laws, vol. 4, p. 110); and is in the following terms, viz.: “That when any person shall die intestate the executors named in any testament shall renounce the exec-utorship or refuse or neglect for the space of thirty days after the death of testator to exhibit such a testament for probate, then administration of the succession of such intestate or such…
2Cited by32 opinions
- Adams v. AdamsMassachusetts Supreme Judicial Court · 1891
- Barkley v. DumkeTexas Supreme Court · 1905
- Routh v. RouthTexas Supreme Court · 1882
- Ingersol v. McWillieCourt of Appeals of Texas · 1895
- Lewis v. AmesTexas Supreme Court · 1875
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