Finlay v. Merriman

Citations

• 39 Tex. 56

Syllabus

<p>1. A suit was brought in the name of B. after his death, but no service procured on the defendants. At a subsequent term B.’s administrator was made a party plaintiff, and filed an amended petition, after which defendants were cited to answer the petition of the administrator., Held, that a plea in abatement, alleging the death of B. at the time of bringing the suit, was properly overruled; but the administrator should have been ruled to the payment of all costs before being permitted to carry on the suit.</p> <p>2. A trustee for minors, who placed claims due them in the hands of solvent attorneys in good professional standing for collection, but who were made bankrupt by the late war, and were unable to pay over the amount collected to the trustee, will not be held liable to account for the trust fund, if he acted in good faith and used ordinary diligence to secure the debt.</p> <p>8. When a trustee has acted with good faith in the exercise of p, fair discretion, and in the same manner he would ordinarily do in regard to his own property, he ought not to be held responsible for any losses accruing in the management of the trust property. ,</p>