Cole v. Dial
Texas Supreme Court
Error from Harrison. The appellant filed, his petition in the Probate Court, on the 14th of January, 1852, alleging that he was the brother next of kin of David J. Cole, deceased ■, that at the December Term, 1850, he applied for letters of administration on the estate of his deceased brother; that the defendant in error, as surviving partner of the deceased, then had an application pending for letters of administration on the estate • that the petitioner withdrew his…
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Error from Harrison. The appellant filed, his petition in the Probate Court, on the 14th of January, 1852, alleging that he was the brother next of kin of David J. Cole, deceased ■, that at the December Term, 1850, he applied for letters of administration on the estate of his deceased brother; that the defendant in error, as surviving partner of the deceased, then had an application pending for letters of administration on the estate • that the petitioner withdrew his application and the defendant in error was thereupon appointed administrator ; but that by reason of his having been the…
1Opinion of the CourtWheeler, J.
It is insisted for the appellant, that he could not waive his right, as the next of bin, to the grant of administration, in favor of the appellee, because, it is supposed, the latter had not any right to administer.
*102“Waiver is the relinquishment or refusal to accept a right.” • “It is,” it is said, “a rule of the civil law, consonant with “ reason, that any one may renounce or waive that which has “ been established in his favor.” The same rule obtains at the Common Law. “ In practice, it is required of every one “ to take advantage of his rights at a proper time, and, neg- “ lecting to do so…
2Cited by7 opinions
- Kahn v. IsraelsonTexas Supreme Court · 1884
- American Surety Co. v. Peoples BankCourt of Appeals of Georgia · 1936
- Mates v. HoustonTexas Supreme Court · 1884
- Globe Brewing Co. v. American Malting Co.Appellate Court of Illinois · 1909
- Ex parte WhiteSupreme Court of South Carolina · 1892
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