Anderson v. Stockdale
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. H. Clay Pleasants. Plaintiff on the 17th of February, 1881, sued F. S. Stockdale, D. C. Proctor and M. D. Monserrate, the trustees of the Indianola City and Land Company, a joint stock company, and T. C. Allen and A. Schwartz, to recover of them property inherited from his mother and devised to him by her last will, and also to recover of Stockdale the value of such property as had been lost to plaintiff by reason of…
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Appeal from Calhoun. Tried below before the Hon. H. Clay Pleasants. Plaintiff on the 17th of February, 1881, sued F. S. Stockdale, D. C. Proctor and M. D. Monserrate, the trustees of the Indianola City and Land Company, a joint stock company, and T. C. Allen and A. Schwartz, to recover of them property inherited from his mother and devised to him by her last will, and also to recover of Stockdale the value of such property as had been lost to plaintiff by reason of Stockdale’s alleged neglect and mismanagement of the estate of Sarah F. Anderson, as her executor. He alleged in his petition…
1Opinion of the Court
Watts, J. Com. App.
According to the allegations in the petition, Mrs. Anderson’s will bore date May 30, 1860, and was probated in 1866. It is also alleged that Fielding Jones, one of the executors nominated in the will, died during the life of the testatrix Mrs. Anderson, and that F. S. Stockdale qualified as executor, and as such executor has conveyed the several tracts of land mentioned in the petition. The point made and insisted upon is, that, as Jones and Stockdale were nominated joint executors, that notwithstanding Jones’ death, Stockdale had no authority, acting alone, to execute the…
2Cases cited5 opinions
- Kerrison v. StewartSupreme Court of the United States · 1876
- Connolly v. HammondTexas Supreme Court · 1879
- Blanton v. MayesTexas Supreme Court · 1883
- Johnson v. BowdenTexas Supreme Court · 1875
- Wardwell v. McDowellIllinois Supreme Court · 1863
3Cited by14 opinions
- Slay v. Burnett TrustTexas Supreme Court · 1945
- Bingham v. GrahamCourt of Appeals of Texas · 1920
- Smith v. WaymanTexas Supreme Court · 1949
- Blanton v. MayesTexas Supreme Court · 1889
- Schramm v. HochCourt of Appeals of Texas · 1922
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