White v. Gardner
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. John G. Scott. This suit was brought by the appellants as heirs of J. B. Jordan, deceased, against A. T. Gardner and A. B. Johnson, sureties on the administration bond of T. 0. Andrews, deceased. In 1859, Andrews administered on the estate of J. B. Jordan, and in 1867 he died, without having closed the administration.
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Appeal from Kaufman. Tried below before the Hon. John G. Scott. This suit was brought by the appellants as heirs of J. B. Jordan, deceased, against A. T. Gardner and A. B. Johnson, sureties on the administration bond of T. 0. Andrews, deceased. In 1859, Andrews administered on the estate of J. B. Jordan, and in 1867 he died, without having closed the administration. The facts upon which this suit is predicated' are sufficiently implied in the head-notes and the opinion of the court. Judgment was rendered in the court below in favor of the defendants, and plaintiffs appealed.
1Opinion of the CourtWalker, J.
T. C. Andrews and J. B. Jordan were partners in stock-raising, under articles of agreement which provided that, in case of the death of one of the partners, the business might be continued by agreement between the survivor and the personal representative of the deceased.
In 1859 Jordan died, and Andrews administered on his estate, which appears to have consisted mainly, if not entirely, of his interest in the partnership assets. By administering on Jordan’s estate, Andrews placed it beyond his power to continue the partnership business. As the surviving partner of the firm, he was its legal…
2Cited by3 opinions
- Scudder v. AmesSupreme Court of Missouri · 1886
- Trahan v. SmithCourt of Appeals of Texas · 1922
- Moyers v. CarterCourt of Appeals of Texas · 1933