Bailey v. Collins
Texas Supreme Court
Error from Polk. Application to the County Court by the ■appellees, as sole devisee of Charlotte Westbrook, alleging that a claim in favor of one V eckroy against said estate, which had been allowed and approved, "was unjust, and praying that the approval thereof might be set aside. The executors and Vickroy were cited to answer the application.
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Error from Polk. Application to the County Court by the ■appellees, as sole devisee of Charlotte Westbrook, alleging that a claim in favor of one V eckroy against said estate, which had been allowed and approved, "was unjust, and praying that the approval thereof might be set aside. The executors and Vickroy were cited to answer the application. And A. P. Bailey intervened, alleging that he was a bona fide holder of the claim by assignment after it had been allowed and approved. The County Court sustained the application, and gave judgment against the defendants for costs. The defendants…
1Opinion of the CourtWheeler, J.
The object of the suit in the Probate Court *152was to have the claim mentioned'in the plaintiffs’ petition, and charged to have been improperly admitted by the executors, disallowed and rejected. Under the allegations of the parties respectively, the question submitted for the judgment of the Court was, simply, whether the claim was a valid claim against, the estate, and as such properly admitted; or was not a just and legal claim, nor properly admitted, and should be disallowed and rejected. This was the case, and the whole case, presented to and adjudicated by the Probate Court. The Court…
2Cited by1 opinion
- McGar v. NixonTexas Supreme Court · 1872