Fisher v. Wood

Citations

• 65 Tex. 199
• 1885 Tex. LEXIS 336

Syllabus

<p>1. Sales by executors, etc., under decree of probate court—Proceedings to SET ASIDE, WHERE EXECUTOR OR ADMINISTRATOR DIRECTLY OR INDIRECTLY purchases.—If, at a sale of property under decree of the probate court, the executor or the administrator of the estate directly or indirectly becomes the purchaser, for himself or for himself and another, the sale may be set aside by the probate court upon the application of persons interested in the estate. (R. S., 2083; Pas. Dig., 5620.)</p> <p>2.Same—Effect of order annulling sale—The effect of such action by the probate court would be to set aside the order of confirmation and to re-vest the title, legal and equitable, in the persons in whom it vested as devisees or heirs at the death of the testator or intestate, subject, however, as before, to administration.</p> <p>3. Same—District courts—Jurisdiction of, in proceedings to set aside decrees Of probate court—Under the constitution of 1876 district courts have no original jurisdiction or general control over county courts, and the decrees of a probate court, through which a sale of property belonging to the estate of a deceased person has been made, cannot be set aside by an original proceeding in the district court. Such decrees, although obtained by fraud, if the fraud does not go to the jurisdiction of the court making them, must stand, unless set aside by some proceeding appellate in its character, if this be sought in the district court. (Citing Franks v. Chapman, 60 Tex.,46.)</p> <p>4. Same—Executors—Fraudulent combinations—Equity—Constructive trusts. Where, however, at a sale of property under the decree of a probate court, the executor and another have fraudulently combined together to deprive of their rights those interested in the estate of a deceased person, a court of equity will charge the property in their hands with a trust, and will constitute them trustees for those entitled to the estate. To do this, it would not be necessary to set aside the decrees o