Eastland's Ex'or v. Lester
Texas Supreme Court
Appeal from Fayette. Application to the Comity Court by the appellee, a creditor of William M. Eastland, deceased, to •compel the executor of said Eastland, to return an inventory of $2273, which he had received as executor of said Eastland from the State, under the Act of February 9,1850, for the relief of certain persons formerly prisoners of war in Mexico. (Hart. Dig. p. 819.) Eastland was dead at the passage of the Act.
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Appeal from Fayette. Application to the Comity Court by the appellee, a creditor of William M. Eastland, deceased, to •compel the executor of said Eastland, to return an inventory of $2273, which he had received as executor of said Eastland from the State, under the Act of February 9,1850, for the relief of certain persons formerly prisoners of war in Mexico. (Hart. Dig. p. 819.) Eastland was dead at the passage of the Act. The widow of Eastland and her husband intervened in the District Court; Eastland left no issue; his brother, who was not a party, resided at Bastrop. The District Court…
1Opinion of the CourtLipscomb, J.
In this case, the question arises, between the heirs of the testator and his creditor, as to who is entitled to *101receive the money allowed by the Government, under the Act of the Legislature of February 9th, 1850, entitled an Act for the relief of certain persons formerly prisoners of war in Mexico. (Hart. Dig. Art. 2712.) The money was received by the executor ; and the question is, whether it is to be regarded as assets in his hands for the benefit of creditors, or does it belong to the legatees, to be distributed under the will, or to his heirs at law. The Court below adjudged it to be…
2Cited by5 opinions
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- McKinney v. BrownTexas Supreme Court · 1879
- Moody v. BonhamCourt of Appeals of Texas · 1915
- Ralston v. SkerrettTexas Supreme Court · 1891
- Fields v. BurnettCourt of Appeals of Texas · 1908