Campbell v. Tackaberry

Citations

• 51 Tex. 37

Syllabus

<p>1. NO APPEAL FROM ACTION OF PROBATE COURT DISALLOWING CLAIM.—No appeal to the District Court lies from an order of the Probate Court rejecting a claim against an estate. The remedy is by suit to establish the claim in a court having jurisdiction.</p> <p>2. No APPEAL FROM IMMATERIAL ACTION OF DISTRICT COURT.—An administrator sought action by the Probate Court that it disapprove an account allowed by a former administrator. The Probate Court on such application made an order disapproving the account. Prom tliis order the holder of the claim appealed to the District Court. The District Court dismissed the appeal, at the cost of the administrator, for want of jurisdiction in the Probate Court: Held, That from such judgment no appeal lies to the Supreme Court.</p> <p>3. Quere.—Whether an approval by the Probate Court has any effect, or is necessary to give validity to claims allowed by an executor authorized by will to administer without control by courts of probate?</p>