Lumpkin v. Smith

Citations

• 62 Tex. 249
• 1884 Tex. LEXIS 219

Syllabus

<p>1. Jurisdiction — Executor — Will.—Article 1948 of the Revised Statutes was manifestly intended to enable the executor acting under a will, which might withdraw the estate from the jurisdiction of the county court, to have the county court determine who were entitled to the entire estate, where the will failed to do so, or in what proportions beneficiaries were entitled to take under it, in order that the estate might be turned over to them after the executor had discharged his trust. When such a will does provide for the distribution of the entire estate, and also a means for its partition, the county court has no jurisdiction to pass upon the propriety of its administration by the executor, to allow him extra compensation for his services, or to discharge him from further liability.</p>