Mates v. Houston
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Everett Lewis. July 25, 1883, appellant filed his application in the county court of Wilson county to revoke letters of administration on the estate of Mary A. Mayes, deceased, formerly granted to appellee, and to be appointed in his place.
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Appeal from Wilson. Tried below before the Hon. Everett Lewis. July 25, 1883, appellant filed his application in the county court of Wilson county to revoke letters of administration on the estate of Mary A. Mayes, deceased, formerly granted to appellee, and to be appointed in his place. The application alleged in substance that appellant was a son and one of the heirs of M. A. Mayes, deceased, and that his right was superior to that of appellee; that appellant had never waived his right and was not disqualified. Appellee filed his protest against the application, alleging that appellant had…
1Opinion of the Court
West, Associate Justice.
— We are of the opinion, under the
state of facts disclosed by the record, when taken and considered together, that the district court decided correctly in holding that E. D. Mayes was not at the time of his application entitled to letters of administration on the estate of his mother, Mary A. Mayes, deceased. If he did not actively consent to, it is certain that he knew of and acquiesced in, the appointment of appellee as administrator. He consented to it by his silence, and without objection in any form permitted the appellee to act as administrator of his mother’s…
2Cases cited1 opinion
- Cole v. DialTexas Supreme Court · 1854
3Cited by6 opinions
- Slay v. DavidsonCourt of Appeals of Texas · 1935
- Bogel v. WhiteCourt of Appeals of Texas · 1942
- Beeman v. JonesCourt of Appeals of Texas · 1937
- Newberry v. GaunttCourt of Appeals of Texas · 1927
- Vannoy v. GibsonCourt of Appeals of Texas · 1937
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