Davis v. Thorn
Texas Supreme Court
Appeal from San Augustine. Mrs. Thom, one of the appellees, and William D. Smith, the appellant’s intestate, were appointed joint administrators of the estate of Leander Smith, deceased, the former husband of Mrs. Thorn, and continued as joint administrators until the death of William D. Smith. The appellant was appointed administrator of the estate of William D. Smith.
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Appeal from San Augustine. Mrs. Thom, one of the appellees, and William D. Smith, the appellant’s intestate, were appointed joint administrators of the estate of Leander Smith, deceased, the former husband of Mrs. Thorn, and continued as joint administrators until the death of William D. Smith. The appellant was appointed administrator of the estate of William D. Smith. This suit was brought by Mrs. Thorn, as administratrix, and her husband, to recover the amount of money alleged in the petition, collected by (lie deceased of the assets of the estate of Leander Smith and applied to his own…
1Opinion of the CourtLipscomb, J.
On the first assignment the appellant contends that the petition does not disclose any cause of action ; that it shows that plaintiff and the intestate of the defendant were coadministrators of Leander Smith; and that until slid had settled up with the. court and the creditors and distributees of the estate she cannot maintain a suit against the other, and that then only for such balance as she may have been compelled to pay out of her own funds in consequence of the misapplication of the assets of the estate by the other. It is contended that this is the necessary result of the relations…
2Cited by2 opinions
- Keowne v. LoveTexas Supreme Court · 1885
- Hardcastle v. SibleyCourt of Appeals of Texas · 1937