Gaston v. McKnight

Citations

• 43 Tex. 619

Syllabus

<p>1. Claims against an estate—Limitation.—The presentation of an abstract of a judgment showing its date, amount, rate of interest, names of parties, and authenticated by the proper oath of the holder to the administrator of the estate of the defendant, is a sufficient presentation to put in operation the limitation of ninety days, within which suit is required to be brought after its rejection.</p> <p>2. Same—Affidavit to claim against estates.—The affidavit prescribed by the probate law of 1848 (Paschal’s Dig., art. 1309) is substantially the same as that required by the probate law of 1870. (Paschal’s Dig., art. 6650.)</p> <p>3. Same.—It is not necessary, under the probate law either of 1848 or of 1870, to present a certified copy of a judgment to the administrator for allowance. The act of 1853 (Paschal’s Dig., art. 14) is directory, and does not change the general probate law governing the presentation of claims.</p>