Burks v. Bennett

Citations

• 62 Tex. 277
• 3 Tex. L. R. 429
• 1884 Tex. LEXIS 227

Syllabus

<p>1. Disqualification of judge.— One who holds approved claims against an estate has such a direct pecuniary interest in the administration that he is disqualified, as a county judge, from allowing or approving claims against the estate, or directing any proceeding therein from the appointment of an administrator until his claim is paid; andrthis, without reference to whether his approved claim is great or small. All orders made by such a creditor, sitting as a county judge, affecting the administration of the estate, are covam nonjadiee and void.</p> <p>3. Claims against the estate — Administration.— When a claim has been indorsed as rejected by the administratrix of the estate, the erasure of her signature to the indorsement rejecting the claim, more than three months thereafter, does not reinstate it. It is then barred by limitation as a valid claim against the estate. R. S., 2038.</p> <p>3. Same.— A judgment vacating orders directing a sale of lands of an estate, and the confirmation of sale, cannot affect a purchaser under the order who is not made a party to the proceeding attempting to vacate it.</p>