Miller v. Miller
Texas Supreme Court
Appeal from Husk.* The facts are briefly these: In the year 1812 Samuel Miller died, leaving the appellee, Elizabeth, his widow, and the other appellees, his children.. On the 28th day of March, 1842, George Birdwell, justice of the peace, was appointed administrator of said decedent’s estate by tho Probate •Court of Nacogdoches county, gave bond and took the oatli prescribed by law.
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Appeal from Husk.* The facts are briefly these: In the year 1812 Samuel Miller died, leaving the appellee, Elizabeth, his widow, and the other appellees, his children.. On the 28th day of March, 1842, George Birdwell, justice of the peace, was appointed administrator of said decedent’s estate by tho Probate •Court of Nacogdoches county, gave bond and took the oatli prescribed by law. Appraisers were appointed on the 17th day of May, 1842. On .the 27th day of June, 1842, an inventory and appraisement were properly returned. Tiie land here in controversy was appraised to $800, or $2 per acre.…
1Opinion of the CourtLipscomb, J.
The main object of this suit was to obtain a distribution of the real estate of Samuel Miller, deceased, to his widow and heirs; and, to effect this object, an order and sale of the land sought to be distributed is alleged to be contrary to law and asked to be set aside.
It was tried upon the record of the Probate Court, and no disputed fact was presented to be tried by a jury. It is believed that the court below did not err in disposing of the case without the intervention of a jury — the more especially as none was asked.
At the September Term, 1844, on the petition of Vannoy, administrator…
2Cited by3 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Allen v. Heirs of ClarkTexas Supreme Court · 1858
- Guilford v. Love, 49 Tex. 715 (Tex. 1878)Texas Supreme Court · 1878