Gillmore v. Dunson
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. L. Lindsay. So far as the rulings made in this case are concerned, the facts are fully indicated in the head-notes. The appellant was the administrator de bonis non of Wm. Harbert’s estate, against which the claim was asserted. When presented to him for allowance, he rejected it on the ground of his belief that it had been settled with the former administrator of the estate.
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Appeal from Colorado. Tried below before the Hon. L. Lindsay. So far as the rulings made in this case are concerned, the facts are fully indicated in the head-notes. The appellant was the administrator de bonis non of Wm. Harbert’s estate, against which the claim was asserted. When presented to him for allowance, he rejected it on the ground of his belief that it had been settled with the former administrator of the estate. The court below held the authentication sufficient, ant the appellees, Dunson and wife, recovered judgment; from which defendant appealed.
1Opinion of the CourtOgden, J.
The statute prescribes certain requisites for an affidavit, made to authenticate a claim for money against an estate of a deceased person, and declares, in effect, that if any claim be allowed by an administrator, or approved by the court, without an affidavit containing the necessary requisites, such an allowance or approval shad be of no force or effect. The statute requires that the affidavit shall state that the claim is just, and that all legal offsets, payments and credits have been allowed. The affidavit made to the justness of the claim sued on in this cause fails fully to comply with…
2Cited by4 opinions
- Small v. SmallCourt of Appeals of Texas · 1968
- Wessendorff v. AylorCourt of Appeals of Texas · 1928
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887
- Wessendorff v. AylorCourt of Appeals of Texas · 1928