Dulaney v. Walsh
Texas Supreme Court
Error to Court of Civil Appeals, Second District, in an appeal from District Court of Holán County. Defendants in error instituted the proceeding by motion in the District Court, in the probate proceedings therein pending. Plaintiffs in error appealed from a judgment holding the fund subject to the claims of creditors, and the judgment was affirmed. The following are extracts from the opinion of the Court of Civil Appeals, by TABLET OH, Chief Justice.
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Error to Court of Civil Appeals, Second District, in an appeal from District Court of Holán County. Defendants in error instituted the proceeding by motion in the District Court, in the probate proceedings therein pending. Plaintiffs in error appealed from a judgment holding the fund subject to the claims of creditors, and the judgment was affirmed. The following are extracts from the opinion of the Court of Civil Appeals, by TABLET OH, Chief Justice. “2. Under the undisputed fact that during the course of the administration the estate of H. I. Dulaney became insolvent, and that it was…
1Opinion of the Court
GAINES, Chief Justice.
A brief history of the facts and proceedings which gave rise to this application for a writ of error is as follows: One N. J. Dulaney died January 11, 1890, having made his will, in which three of the applicants were nominated as executors. The will was pro - bated in the County Court on the 7th day of February, 1890, and on the same day the executors duly qualified. The will bequeathed to the testator’s wife, Belle Dulaney, and his son Edward N. Dulaney, a policy of insurance on his life for $10,000, and devised and bequeathed to them also all his separate estate. The…
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