Legal Opinion

Butler v. Fechner

Court of Appeals of Texas

Decided February 13, 1918No. 5969PublishedCited by 5 opinions

Appeal from District Court, Karnes County; F. G. Chambliss, Judge. Action by R. H. Fechner and another against Mrs. Pearl Elder, administratrix of W. B. Elder, deceased, in which P. B. Butler, temporary administrator, was substituted as defendant on the death of the original defendant. From a judgment for plaintiffs, defendant appeals. Reversed and rendered.

1Opinion of the CourtFly, C. J.

R. H. Fechner and C. W. R. Zeppa filed suit against Mrs. Pearl Elder, surviving wife of W. B. Elder, deceased, and administratrix of his estate, for the sum of $1,008.38, which it was alleged became due and payable on July 15, 1910. In an amended petition the death of Mrs. Elder was shown, and P. B. Butler, temporary administrator of the estate of W. B. Elder, was made the defendant. It was alleged that W. B. Elder died on December 15, 1910, intestate, leaving an estate of the probable value of $10,000, being the community property of himself and Pearl Elder, his wife; that, besides his wife,…

2Cases cited5 opinions

  1. Mathews v. RuckerTexas Supreme Court · 1874
  2. Danzey v. SwinneyTexas Supreme Court · 1852
  3. National Guarantee Loan & Trust Co. v. FlyCourt of Appeals of Texas · 1902
  4. Smith v. DupreeCourt of Appeals of Texas · 1911
  5. Kyle v. HouseTexas Supreme Court · 1873

3Cited by5 opinions

  1. Scott v. TaylorCourt of Appeals of Texas · 1927
  2. Dent v. A. Harris & Co.Court of Appeals of Texas · 1923
  3. Stanley v. United StatesDistrict Court, N.D. Texas · 1928
  4. Stamps v. VarelasCourt of Appeals of Texas · 1958
  5. City of Austin v. Estate of AguilarCourt of Appeals of Texas · 1980

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