Legal Opinion

Sheffield v. Goff

Texas Supreme Court

Decided January 26, 1886No. Case No. 2089PublishedCited by 12 opinions

Appeal from Brazos. Tried below before the Hon. William B. Collard. The two hundred and sixty-eight acres of land in controversy formerly belonged to the estate of William H., Sarah E., John and Joseph Goff, minors. In January, 1881, the appellant, J. H. Sheffield, as guardian of that estate, applied to the county court for leave to sell the land, at private sale, for the support and maintenance of his wards.

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Appeal from Brazos. Tried below before the Hon. William B. Collard. The two hundred and sixty-eight acres of land in controversy formerly belonged to the estate of William H., Sarah E., John and Joseph Goff, minors. In January, 1881, the appellant, J. H. Sheffield, as guardian of that estate, applied to the county court for leave to sell the land, at private sale, for the support and maintenance of his wards. The court granted an order to that effect, and, in the following March, the land was sold by the guardian to one J. C. Eoberts for the sum of $400 cash. On the 22d of the same month, the…

1Opinion of the Court

Robertson, Associate Justice.

Art. 2688 of the Revised Statutes authorizes the county court, when the final account of a guardian has been approved, to order him to turn over to those entitled to receive it the property in his hands. This authority necessarily embraces the jurisdiction to determine what property is in his official custody.

The only other question in the case is, whether the guardian is estopped from asserting that the land in controversy is not part of the trust estate by the judgment of the county court restating the final account. In the proceeding which resulted in the…

2Cited by12 opinions

  1. Permian Oil Co. v. SmithTexas Supreme Court · 1937
  2. Whitfield v. BurrellCourt of Appeals of Texas · 1909
  3. Bopp v. HansfordCourt of Appeals of Texas · 1898
  4. Boston Consolidated Gas Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1947
  5. Gillette v. DavisCourt of Appeals of Texas · 1929

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