Evans v. Taylor
Texas Supreme Court
Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. Thomas W. Evans, Richard C. Gardner, Wm. R. Hutchinson and Wm. B. Milton, composing the firm of Evans, Gardner & Co., of the city and state of New York, as plaintiffs, sued Mrs. M. A. Taylor, surviving wife of D. W. Taylor, and W. W. Smith and Tilford Bean, sureties on her bond as the community survivor. I). W. Taylor had been a merchant in Lampasas.
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Appeal from Lampasas. Tried below before the Hon. W. A. Blackburn. Thomas W. Evans, Richard C. Gardner, Wm. R. Hutchinson and Wm. B. Milton, composing the firm of Evans, Gardner & Co., of the city and state of New York, as plaintiffs, sued Mrs. M. A. Taylor, surviving wife of D. W. Taylor, and W. W. Smith and Tilford Bean, sureties on her bond as the community survivor. I). W. Taylor had been a merchant in Lampasas. He also owned a considerable number of cattle, and engaged in buying and selling cattle. He died in August, 1872, and in October, 1872, his wife, M. A. Taylor, filed with the…
1Opinion of the Court
Delany, J. Com. App.
Counsel for appellants insists that the surviving husband or wife, who takes charge of the community estate under the statute, cannot lawfully pay any claim against the estate, unless it has been allowed and approved.
We cannot assent to this proposition. The survivor occupies a position like that of an independent executor, and the allowance and approval of a claim in such a case does not give it any superiority over other claims of the same class. McLane v. Belvin, 47 Tex., 493.
But the presentation and allowance of the claim had one effect, at least. It informed Mrs.…
2Cases cited2 opinions
- Green v. RaymondTexas Supreme Court · 1882
- McLane v. BelvinTexas Supreme Court · 1877
3Cited by10 opinions
- Howard v. JohnsonTexas Supreme Court · 1888
- Ewing v. SchultzCourt of Appeals of Texas · 1920
- Bekkeland v. LyonsTexas Supreme Court · 1903
- Citizens National Bank v. JonesCourt of Appeals of Texas · 1899
- Clemmons v. McDowellCourt of Appeals of Texas · 1927
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