Johnson v. Bowden

Citations

• 43 Tex. 670

Syllabus

<p>1. Execution of powers.—In a will two persons were named as executors, one of whom qualified; the will empowered the executors to sell a house and lot: Held, that a sale made by the executor who qualified was a legal execution of the power, and passed title to the land sold.</p> <p>2. Construction of statute.—Section 74 of the probate act of 20 March, 1848, (Paschal’s Dig., art. 1335,) providing “that if there be more than one executor named in the letters, any one or more of them, on the neglect of the rest, may return an inventory,” &c., conferred the full powers granted by the will to executors upon the one or more qualifying.</p> <p>3. Construction of wills.—A will made, conferring powers upon executors, while the statutes of the State provide that the will may he administered by the survivor, or by one qualifying, on the death, resignation, or refusal to act of the others, will be considered as conferring such powers upon those who by law might discharge the duties of executors.</p>