Legal Opinion

Treasurer of the State v. Wygall

Texas Supreme Court

Decided July 1, 1879PublishedCited by 5 opinions

Appeal from Travis. Tried below before the Hon. A. S. Walker, special judge. On February 5,1867, Mildred Ann Wygall (widow of John Wygall) and E. J. Clark brought suit in the District Court of Wharton county, claiming to be the only heirs of John C. Clark, deceased, against M. H. Eoyston, at that time treasurer of the State of Texas.

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Appeal from Travis. Tried below before the Hon. A. S. Walker, special judge. On February 5,1867, Mildred Ann Wygall (widow of John Wygall) and E. J. Clark brought suit in the District Court of Wharton county, claiming to be the only heirs of John C. Clark, deceased, against M. H. Eoyston, at that time treasurer of the State of Texas. The petition alleged the death of John C. Clark intestate in Wharton county; that his estate had been administered, and no heirs appearing, the administrators—Dennis and Whitten—had deposited in the State treasury the assets of said estate, in promissory notes,…

1Opinion of the Court

Bonner, Associate Justice.

In the year 1862 John C. Clark died in Wharton county, Texas, leaving an estate valued at over one-third of a million of dollars.

Property of the estate was sold and notes and mortgages taken therefor, and, the heirs being unknown, by order of the Probate Court the assets, notes, and mortgages were by the administrator delivered to the treasurer of the State on September 20, 1866.

Under the terms of the statute, in default of heirs the property would escheat to the State.

On March 28, 1871, suit was instituted under the statute in the District Court of Wharton county,…

2Cases cited2 opinions

  1. Treasurer of State v. WygallTexas Supreme Court · 1877
  2. Honey v. ClarkTexas Supreme Court · 1873

3Cited by5 opinions

  1. Strickland v. Humble Oil & Refining Co.Court of Appeals of Texas · 1944
  2. Platt v. VermillionCourt of Appeals for the Fifth Circuit · 1900
  3. Dodson v. WorthamCourt of Appeals of Texas · 1898
  4. State v. McMurrey Petroleum Corp.Court of Appeals of Texas · 1943
  5. State v. WygallTexas Supreme Court · 1883

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