Leatherwood v. Arnold

Citations

• 66 Tex. 414
• 1 S.W. 173
• 1886 Tex. LEXIS 536

Syllabus

<p>1. Community estate—Survivor—The wife, as survivor administering the community estate under the statute, is entitled to the allowances and exemptions accorded her in a regular administration. Without qualifying under the statute the survivor may pay community debts with his own means and reimburse himself by an appropriation of community property; and his action in that respect will be legalized upon his qualification under the statute. (Authorities cited.)</p> <p>2. Same—Creditors—Distributees—The creditor may reach the bond of the survivor by a proceeding under the statute, or enforce his right by judgment and execution. The remedy prescribed for distributees is cumulative; and they are entitled to investigate the trust and to have partition. (Authorities cited.)</p> <p>3. Trust—Survivorship—Duties—The survivor is a trustee; but differs from other trustees in that the object to be accomplished by him is prescribed by law, while the means of attaining it are not specified. By his own right the survivor owns half the trust estate; and when qualified under the statute he succeeds to the position of the managing partner in reference to the whole estate.</p> <p>4. Same—Inquiry into the details of his administration is inconsistent with the power and discretion allowed the survivor. Unlike other trustees, he cannot he required to account; he may lawfully make a gift from the trust estate, provided he extinguish the community interest from the gift. Whether he has done well or ill depends not on any particular act, but on the general result. He is debited with the value of the estate and its revenues; and credited with disbursements, and must account to creditors and distributees for the remainder.</p> <p>5. Same—Wife—Although the surviving husband extinguish the community interest in certain property, it is still liable for community debts. But when the surviving wife lifts the community charge from property, it is hers. Upon her qualification under the statute she s