Keesee's Executors v. Beckwith

Citations

• 32 Tex. 731

Syllabus

<p>1— Although an affidavit hy an agent or attorney, probating a claim against an estate, does not disclose his means of information, it is sufficient, if the executor or administrator does not object to it on that account, when it is presented for his allowance or objection.</p> <p>2— An affidavit probating a note against an estate alleged that the note “was just,” instead of that it “is just;” but on its presentation to the executors they took no objection to the affidavit. Seld, that after suit brought, their objection, based upon the use of the past instead of the present tense, could not avail as a defense.</p> <p>3— The ruling on a similar question in Hansell v. Gregg, 7 Tex., 228, cited and approved; and the opinion expressed that it should be further held that when an executor or administrator rejects a claim without assigning any reason for his rejection, he should not, after suit brought, be allowed to take exception to the probate of the claim. This rule would not preclude defenses to the merits.</p>