Berry v. Young
Texas Supreme Court
Error from Fayette. John F. Berry (the father of plaintiff) died in Colorado county, leaving a widow and two children, James and John. He also left a large estate, amongst which was a league of land situated in Fayette county, originally granted to said Berry.
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Error from Fayette. John F. Berry (the father of plaintiff) died in Colorado county, leaving a widow and two children, James and John. He also left a large estate, amongst which was a league of land situated in Fayette county, originally granted to said Berry. After the death of Berry, one Leander Season obtained letters of guardianship of the persons and property of the two minors, James and John; subsequent to which the widow died and soon afterwards James died also, leaving John (the plaintiff) the only surviving member of the family. In the year 1850, (after the death of James,) the…
1Opinion of the CourtWheeler, J.
The objections to the judgment bring in question the validity of the sale made by order of the Probate Court; and the conformity of the .verdict to the evidence, on the question of fraud.
It is objected that the Court had no authority to order a sale of the property by the guardian, to pay a debt of his deceased ward, without administration on his estate. The present plaintiff, however, surviving, became sole heir of the estate. It was greatly more than sufficient to satisfy the debt. The estate descended to him, incumbered with the debt. It was a charge upon the estate; and may be said to…
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