Green v. Raymond

Citations

• 58 Tex. 80
• 1882 Tex. LEXIS 212

Syllabus

<p>1. Independent administration.— Creditors of the deceased husband may maintain a suit for conversion or waste of the assets of the estate, on a bond given by the widow as survivor, under art. 5494, vol. 2, Pasch. Dig.</p> <p>2. Statutory exemptions prom forced sale.—The printing press, type and cases needed in a printing office, and owned by the editor and publisher of a newspaper, .were exempt from forced sale under the statute exempting “all tools and apparatus belonging to any trade or profession ?’ (Pasch. Dig., vol. 2, art. 5487).</p> <p>3. Independent administrator.—The wife who qualified under the statute as survivor, by filing inventory and bond under arts. 5494-5497, could do, with reference to the estate, without an order of court, whatever, if acting as regular administratrix, she could have done by virtue of such order. As such she had the right to take in lieu of the one year’s provisions allowed for herself and minor children, ■ when the same could not be found in kind, its equivalent, and having received it, the creditors cannot call her to account for the manner in which she expended it.</p> <p>4. Same.— When such independent administratrix has exhausted the community • assets before the presentation of a claim first known to her eighteen months after her qualification as such, she cannot be made responsible on her bond for a pro rata payment of such claim.</p>