Price v. McIver
Texas Supreme Court
Appeal from San Augustine. Tried below before, the Hon. A. W. 0. Hicks. McIver brought suit in the County Court, October 12th, 1855, against Benj.
Read the full summary
Appeal from San Augustine. Tried below before, the Hon. A. W. 0. Hicks. McIver brought suit in the County Court, October 12th, 1855, against Benj. F. Price, executor, and Tempe Price, executrix, of the estate of Elijah Price, deceased, on a note or due bill payable to himself for $110, signed by “ B. F. Price, executor,” and reciting in its face the consideration for which it was given to have been “ for services rendered on the plantation of Tempe Price,” dated December 31st, 1853. The petition prayed the court to order the defendant to pay the amount of the note with interest. The petition…
1Opinion of the CourtWheeler, C. J.
The provisions of the statute respecting the allowance of claims by the executor or administrator, apply in terms only to -such claims as existed against the testator or intestate. (O. & W. Dig., Art. 755, 757.) Provision is made for the allowance to the executor or administrator by the chief justice of all reasonable expenses incurred in the preservation, safe keeping and management of the estate. (Ib., 820.) This provision comprises the only debts which the executor or administrator can create against the estate. And it contemplates that he will have incurred the expense by the payment of…
2Cited by11 opinions
- Hare v. PendletonCourt of Appeals of Texas · 1919
- Valley National Bank v. CrosbySupreme Court of Iowa · 1899
- Sherman v. El Paso Nat. BankCourt of Appeals of Texas · 1936
- Estate of Hubberd v. CommissionerUnited States Tax Court · 1992
- Shaw v. DalstonCourt of Appeals of Texas · 1929
6 more not listed; retrieve them via the Exa API.