Blanton v. Mayes
Texas Supreme Court
Appeal from. Chambers. Tried below before the Hon. Edwin Hobby. On March 5, 1880, appellant, as the administratrix with the will annexed of the estate of Traugott Schlutter, deceased, brought this action of trespass to try title against appellee Mayes, to recover the lands described in the petition, and to remove cloud from title, etc., claiming the lands as belonging to the estate of Schlutter, and that the same had been illegally sold and conveyed to appellee by one…
Read the full summary
Appeal from. Chambers. Tried below before the Hon. Edwin Hobby. On March 5, 1880, appellant, as the administratrix with the will annexed of the estate of Traugott Schlutter, deceased, brought this action of trespass to try title against appellee Mayes, to recover the lands described in the petition, and to remove cloud from title, etc., claiming the lands as belonging to the estate of Schlutter, and that the same had been illegally sold and conveyed to appellee by one Howard, who was acting as the executor of Schlutter’s will. The will bore date December 12, 1871, and was probated June 9,…
1Opinion of the Court
Watts, J. Com. App.
How far the power of Howard to manage and control the property under the 'will would be affected by the refusal of Davis and Eredrich to qualify as executors, presents an important and difficult question. Schlatter’s will provides as follows: “ I will and bequeath unto John Howard, Bever B. Davis and Julius Eredrich, of Galveston, and to the survivor of them, all and singular my estate and property, real, personal and mixed, in trust for the uses and purposes following.”
And further: “I appoint the said John Howard, Bever B. Davis and Julius Eredrich, executors of this my…
2Cases cited5 opinions
- Paschal v. AcklinTexas Supreme Court · 1863
- Orr v. O'BrienTexas Supreme Court · 1881
- Langley v. HarrisTexas Supreme Court · 1859
- Lee v. HamiltonTexas Supreme Court · 1854
- Austin v. TalkTexas Supreme Court · 1857
3Cited by20 opinions
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
- Terrell v. McCownTexas Supreme Court · 1897
- Carlton v. GoeblerTexas Supreme Court · 1900
- Dial v. MartinCourt of Appeals of Texas · 1931
- Wisdom v. WilsonCourt of Appeals of Texas · 1910
15 more not listed; retrieve them via the Exa API.