Faulk v. Dashiell

Citations

• 62 Tex. 642
• 1884 Tex. LEXIS 305

Syllabus

<p>1. Executor—Will — Deed of trust.—An executor under a will, vested with authority as such, without the intervention of the courts, to manage and control the estate in his discretion for the interest of the testator’s children, in their education, etc., and to “.sell, exchange and dispose ” of it as he may deem necessary for such interest, has authority under such will to incumber the estate by deed of trust, authorizing the trustee, on the failure to pay money borrowed, to sell the land.</p> <p>2. Construction of will — Same.— In such a case the trustee, in default of payment of the loan and selling under the provisions of the trust deed, which authorized him, in the event of a sale, to “ make, execute and deliver to the purchaser a warranty deed to the property, signing my (the executor’s) name thereto, and I bind myself to warrant and forever defend the same,” etc., can make a deed conveying all the interest of the estate in the land to a purchaser; and this, when the executor added the words “ as executor of the will,” etc., to his signature to the trust deed, and in his capacity as executor acknowledged the said trust deed. In the case decided it appeared that the executor held no other interest in the property than such as he held in his capacity as executor.</p> <p>3. Construction of written instruments.—When the language of a promisor may be understood in more senses than one, that construction shall prevail which he knew or had reason to believe the promisee placed on the language used. In discovering the intent the court will look to all the circumstances attending the transaction and the situation, of the parties,</p> <p>4. Cases cited.— Daughtrey v. Knolle, 44 Tex., 454; Hough v. Hill, 47 Tex., 153; Rogers v. Bracken, 15 Tex., 504, and Orr v. O’Brien, 55 Tex., 155, cited.</p> <p>5. Wills — Power of executor.— When the power conferred by will on an executor is general, to carry out a particular object named, a resort to the ordinary and usual methods to