Bondies v. Gorrison's heirs

Citations

• 37 Tex. 522

Syllabus

<p>A testator bequeathed to B. “ all that the lands he sold my brother and me “in Texas, may bring, over six thousand dollars.” To other parties several money legacies were made. Administration was opened in this State, and one tract of the land was sold by the administrator, under orders of the court in probate. B. became the purchaser on his bid of over eleven thousand dollars, and he paid six thousand dollars of that sum to the administrator, and prayed the court below to decree him the remaining lands, without sale. The court below confirmed the sale to B., and decreed him title to the remaining lands, but on condition that he pay to the administrator all the costs of the administration, inclusive of commissions, attorney’s fees, etc.; from which he appeals. Held, in view of the entire provisions of the will, that the testator intended to reserve the six thousand dollars, free of all expenses or deduction ; and that the judgment of the court below is correct.</p>