Gillmore v. Dunson

Citations

• 35 Tex. 435

Syllabus

<p>1. An affidavit for the authentication of a claim against a decedent’s estate must contain the requisites prescribed by the statute; and if it fail to do so, the allowance of the claim by the administrator, or its approval by the probate judge, can give it no effect or validity.</p> <p>2. An affidavit for the authentication of a claim against a decedent’s estate averred that “ all legal payments and credits” had been allowed, but omitted to mention “ offsets” in the same connection. Held, that the affidavit is fatally defective by reason of the omission, and that the district court could acquire no jurisdiction of a suit based on the claim thus defectively authenticated, although the rejection of the claim by the administrator assigned a different reason and took no exception to the affidavit. (Paschal’s Digest, Articles 1309 and 1310.) The case of Walters v. Prestige, 30 Texas, 66, cited and approved.</p>