Duncan v. Veal

Citations

• 49 Tex. 603

Syllabus

<p>1. Void administration—Presumption against debts—Jurisdiction.—A volunteer in the Texas army, from Louisiana, was killed at Goliad, in 1836. In 1838, application for letters of administration were applied for and granted, in Harrisburg county, but letters never issued to the applicant. October 14, 1850, D applied for letters of administration in the same county, but showing no special reason for administration, it not appearing that the deceased had a domicil nor any property in the county. Administration was granted, and a head right land certificate for one-third league was sold. In a suit by a holder under such sale against the heirs of the intestate: Held—</p> <p>1. In the absence of special reason calling for administration at the time, the court had no authority to grant administration.</p> <p>2. It will be presumed, without clear proof to the contrary, that no debts existed against the estate in 1850, when letters of administration were sought.</p> <p>3. The county of the death of the intestate had jurisdiction over the estate, in the absence of domicil or of property elsewhere.</p> <p>4. Costs of an ineffectual effort to obtain letters of administration do not constitute a charge against the estate as a debt, but are chargeable against the applicant.</p> <p>2. Void administration.—See record of which the court say that the administration was evidently not for the benefit of those interested in the estate, but for those to be benefited by the costs of administration, or by purchasing property under sales made by it.</p> <p>3. Costs as basis fob grant of administration.—Neither costs of an ineffectual effort to obtain letters of administration, nor costs accruing in an administration granted, without existence of other debts, will form a basis for an administration.</p> <p>4. Headright certifícate protected from sale as land.— The act of January 14, 1841, (Hart. Dig., 1053, 1054,) prohibiting administration upon estates of “any volunteer from a foreign coun