J. Williams & Co. v. Verne

Citations

• 68 Tex. 414
• 4 S.W. 548
• 1887 Tex. LEXIS 708

Syllabus

<p>1. Legal Holiday—Waiver.—A defendant who enters his appearance and answers to the merits in a suit begun on a legal holiday, before excepting on account of the suit being thus instituted, thereby waives the question of jurisdiction. The objection to a suit thus brought, may also be cured by an amended original petition filed before the defendant’s exceptions.</p> <p>2. Administrator de bonis non.—An administrator de bonis non may maintain an action to recover the proceeds of a note which has been fraudulently disposed of by a former administrator.</p> <p>3. Parties—Administration.—An administrator transferred a note belonging to the estate in payment of a debt due from himself. The maker of the note afterwards executed to the holder a new note payable to him in lieu of the note thus transferred, which he paid. In a suit against the former administrator, by the administrator de bonis non, to recover the proceeds of the note thus fraudulently transferred, held: That in such a suit brought for the wrongful conversion of property against the former administrator, neither the sureties on his official bond nor the maker of the original note were necessary partiés defendant.</p> <p>4. Administrator de bonis non.—An application for letters of administration which alleges that a former administrator had been appointed who qualified as administrator and had died before winding up the estate, is sufficient, even if it were essential to the validity of the administration de bonis non that the necessity therefor should appear in the application for lettters. Such a necessity, however, does not exist, since it will be presumed that the proper evidence to authorize the appointment was submitted.</p> <p>5. Oath oe Administrator de bonis non.—It is no valid objection to the oath required before the issuance of letters (Rev. Stats., art. 1886) that it omits the words, “died without leaving any lawful will.” The question as to whether there was a will must be presumed to have been