Airhart v. Murphy

Citations

• 32 Tex. 131

Syllabus

<p>1—A testator appointed his wife executrix of his will, without accountability to the Probate Court. After his death she probated the will, and filed an inventory as required by the statute. Subsequently she married, and a creditor of the testator sued her as executrix, joining her husband as a co-defendant, although he had never joined her in any bond. Held, that this case is not affected by anything in Art. 1384, Paschal’s Digest, requiring a husband to join his wife in the execution of a bond, when she shall become an executrix or administratrix, and that the plaintiff was entitled to judgment.</p>