Harmon v. Bynum

Citations

• 40 Tex. 324

Syllabus

<p>1. An administrator on the joint estates of a deceased husband and his first wife cannot appropriate the entire allowance for one year’s support made by the court, though furnished from the community property of the first marriage to the exclusive use of the children of the first marriage, if there be other minor children of the deceased husband.</p> <p>2. The fact that the mother of the children of the second marriage left the homestead, and permitted the children of the first marriage to occupy it, does not deprive the former of their pro rata interest in the amount allowed for the one year’s support, nor from recovering against the administrator on the joint estates of their deceased father and his first wife their pro rata share of the value of the use and occupation of the homestead land, all of which had been appropriated by .the administrator to support the children of the first marriage.</p> <p>3. A moneyed judgment was rendered in the District Court in favor of minors, against B., an administrator, and his securities, in which, after the entry of judgment, the following language was inserted by the court: “The said A. have during this term to make an additional showing, if he can, whether he has paid said minors said amount here adjudged to be due them, or any part thereof.” After one term of the court had intervened, the report of the administrator coming on to be heard, he excepted to the refusal of the court to hear his report read to explain why he should not pay the judgment. Held: 1. That the judgment rendered was final, and its validity not affected by the language inserted by order of the court after its entry. 3. That being a final judgment, not objected to nor appealed from under the statute, the administrator could not at a subsequent term be heard to show that he should not pay the same. 3. That the judgment against the securities, who were not parties, though irregular, will not be considered as cause for reversal on proceedings in behalf of