Legal Opinion

Johnson v. Wilcox

Texas Supreme Court

Decided June 4, 1880No. Case No. 4156PublishedCited by 5 opinions

Appeal from Milam. Tried below before the Hon. Spencer Ford. Suit brought by B. M. Johnson, guardian of W. M. Wilcox, a minor heir of C. G. Wilcox, deceased, against W. M. Wilcox, administrator of the estate of C. G. Wilcox.

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Appeal from Milam. Tried below before the Hon. Spencer Ford. Suit brought by B. M. Johnson, guardian of W. M. Wilcox, a minor heir of C. G. Wilcox, deceased, against W. M. Wilcox, administrator of the estate of C. G. Wilcox. W. M. Wilcox was appointed and qualified as administrator of this estate, by the county court of Milam county, Texas, on the 30th day of March, 1868. At the November term, 1876, of the court, the administrator filed his final account, representing how he had administered upon the estate, and showing in his possession the sum of $1,825.47, and no other property; he sought…

1Opinion of the Court

Bonner, Associate Justice.

There is no charge of fraud against the administrator, W. M. Wilcox, but simply that of negligent omission of duty, and that certain items for which he sought allowance were not proper credits.

Counsel for R. M. Johnson, guardian of the minor, B. M. Wilcox, who contests the account of the administrator, presents in his brief only three of the errors assigned, the first, second and fourth, and in argument presented the last two only.

The first alleged error, that the court erred in overruling plaintiff’s demurrer and special exceptions to defendant’s amended original…

2Cases cited2 opinions

  1. Fitch v. BoyerTexas Supreme Court · 1879
  2. Guilford v. LoveTexas Supreme Court · 1878

3Cited by5 opinions

  1. Cameron v. MorrisTexas Supreme Court · 1892
  2. In Re Higganbotham's EstateCourt of Appeals of Texas · 1946
  3. Berryman v. BiddleCourt of Appeals of Texas · 1908
  4. Spencer v. Galveston CountyTexas Supreme Court · 1882
  5. Reizer v. MertzAppellate Court of Illinois · 1906

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