Huppman v. Schmidt

Citations

• 65 Tex. 583
• 1886 Tex. LEXIS 712

Syllabus

<p>1. Community survivor—Jurisdiction of probate court—To facilitate suit upon the bond, a creditor, after the lapse of one year, may, under article 2176, Revised Statutes, require the community survivor to file an account in the probate court, and, after the lapse of twelve months, the heir of the deceased partner may, under article 2133, Revised Statutes, have him to distribute the estate under the same tribunal; but if he is not compelled to enter that forum by the one or the other of these means, he is, after his bond and inventory and appraisement have been filed, entirely independent of the orders, and not subject to the control, of that court.</p> <p>2. Same—Jurisdiction of district court—Where the amount in controversy exceeds $500, the district court has jurisdiction to compel a settlement between the community survivor and those entitled as distributees to a partition of the estate.</p> <p>3. Same—False inventory and appraisement—Pleading—Proof—An allegation in the petition against a community survivor to compel a settlement, that the inventory and appraisement were false and fraudulent, is a proper foundation for proof that the survivor is chargeable with property not inventoried, and that what was inventoried was worth more than the value fixed by the appraisement. The inventory and appraisement are for the protection of the heirs and creditors, but, if they are not full and true, they do not restrict the liability of the survivor.</p>