Evans v. Taylor

Citations

• 60 Tex. 422
• 1883 Tex. LEXIS 351

Syllabus

<p>1. Estates of decedents — Claims against estates.— The surviving wife, who takes charge of the community property under the statute, occupies a relation to the estate and creditors similar to that of an independent executor, and her allowance and approval of a claim against the estate gives it no right to payment superior to other claims of the same class.</p> <p>2. Same.— If a claim against the community estate is not presented to the surviving wife administering the estate under the statute as survivor, under bond to “faithfully administer ” (Pasch. Dig., art. 5494), and before such survivor knows of the claim the estate is exhausted, no right of action exists against her or her sureties. But if she, knowing of the existence of the claim from having approved it, exhausts the estate in discharging debts of the same class, a right of action exists against her and her sureties for a pro rata on the claim to which the creditor was entitled.</p>