Ward's Heirs v. Ward
Texas Commission of Appeals
Error from Lamar. Tried below before the Hon. John C. Easton. March 20, 1869, Caroline Coles with her husband Wm. H., Ann, Elizabeth and Allen Ward, and Mary Brown with her husband Peter, as heirs at law of Commodore D. Ward, deceased, brought suit in the district court of Lamar county against A. J. Ward and his sureties, Sam’l H. Williams and Seth Ward, upon the administration bond of A. J. Ward, executed as administrator of the estate of C. D. Ward, deceased.
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Error from Lamar. Tried below before the Hon. John C. Easton. March 20, 1869, Caroline Coles with her husband Wm. H., Ann, Elizabeth and Allen Ward, and Mary Brown with her husband Peter, as heirs at law of Commodore D. Ward, deceased, brought suit in the district court of Lamar county against A. J. Ward and his sureties, Sam’l H. Williams and Seth Ward, upon the administration bond of A. J. Ward, executed as administrator of the estate of C. D. Ward, deceased. The suit as originally brought was in part to set aside some of the proceedings allowing certain vouchers and credits to said…
1Opinion of the CourtA. S. Walker, J.
The only question in the' case is whether there is a cause of action contained in the pleadings of the plaintiffs.
1. The plaintiffs showed a right to sue. It was alleged that the estate was vacant by the removal of the administrator; that there were no debts owing by the estate; and that they were heirs of the intestate. Upon such state of facts the estate vested in the heirs.
2. The petition, so far as it sought to revise proceedings in the administration had in the probate court, was defective for the reason given in the exceptions urged. To that extent the demurrer was properly sustained.…
2Cases cited4 opinions
- Edgar v. Galveston City Co.Texas Supreme Court · 1877
- Johnson v. HoganTexas Supreme Court · 1873
- Chapman v. AustinTexas Supreme Court · 1875
- Ramirez v. McClaneTexas Supreme Court · 1879