Legal Opinion

Anderson v. Huie

Court of Appeals of Texas

Decided February 26, 1954No. 14780Published

1Opinion

On Motion for Rehearing.

Appellant says in substance that since it is uncontroverted that Nina D. Huie, as independent- executrix, closed the administration knowing that appellant’s claim for attorney’s fee was unpaid, the administration may not be considered as closed so far as his claim is concerned.

Appellant’s point is overruled. It has been held by our Supreme 'Court that an independent executor may determine for himself when the estate is ready for distribution, though there are unpaid claims against the estate. In such case the creditors’ remedy is against the devisees, or legatees who,…

2Cases cited3 opinions

  1. McDonough v. CrossTexas Supreme Court · 1874
  2. Parks v. KnoxCourt of Appeals of Texas · 1910
  3. Wallace v. Republic Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1936

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