Boulware v. Hendricks
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. Charles A. Frazier. This was a suit by the appellee, as the administrator de bonis non of the estate of Gabriel Moore, deceased, against Oliver F. Boulware, a former administrator de bonis non of the same estate, and Henry Martin and Roden T. Crain, the sureties on his bond.
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Appeal from Harrison. Tried below before the Hon. Charles A. Frazier. This was a suit by the appellee, as the administrator de bonis non of the estate of Gabriel Moore, deceased, against Oliver F. Boulware, a former administrator de bonis non of the same estate, and Henry Martin and Roden T. Crain, the sureties on his bond. The facts are sufficiently apparent from the opinion of the court, as to the only questions discussed in it; it is deemed, therefore, unnecessary to state them.
1Opinion of the CourtRoberts, J.
This is an action by an administrator de bonis non, against a previous administrator de bonis non, and his sureties, for the recovery of effects left in his hands, not accounted for.
The first ground of defence, is, that the former administrator is not liable to this action on his bond, at the suit of the present administrator; but that he is liable, if at all, to the heirs, distributees, or creditors, .of the estate. Such may be the case, in states having a different probate system from ours, where creditors are allowed to bring suit directly against the administrator. (Byrd v. Holloway, 6…
2Cases cited2 opinions
- Thompson v. WilmotCourt of Appeals of Kentucky · 1809
- Phillis v. GentinSupreme Court of Louisiana · 1836
3Cited by1 opinion
- Johnson v. MorrisTexas Supreme Court · 1876