Mayes v. Blanton

Citations

• 67 Tex. 245
• 3 S.W. 40
• 1887 Tex. LEXIS 858

Syllabus

<p>Wills.—A will conveyed the property of the deceased to three trustees, who were also named as independent executors, in trust, as follows: “First, that they shall pay out of the whole estate ail my just debts.” But one of the three executors qualified, who, after selling a tract of land, died; and this suit was brought by the administrator de bonis non, against the purchaser to recover the land, remove cloud from title, and to recover rents. Held:</p> <p>(1) In Blanton v. Mayes, 58 Texas, 424, there was nothing in the facts presented to show that the estate owed debts. '</p> <p>(2) That decision did not announce that the executor who qualified was not authorized to sell property of the estate to pay debts unless he did so under an order of the probate court in course of regular administration.</p> <p>(3) Under the provisions of the will the executors had the apparent, if not the real, power to do every act which an executor administering an estate under will free from the control of the probate court may ordinarily do.</p> <p>(4) The purchaser, having bought in good faith, was entitled to recover back the money he paid for the land, and which was applied to the benefit of the estate, or the beneficiaries under The will. Citing Howard v. North, 5 Texas, 316; Herndon v. Rice, 21 Texas, 456; and. Walker v. Lawler, 45 Texas, 588.</p> <p>(5) The right to recover back the money involves the right to recover interest thereon, and also money expended by the defendant in payment of taxes on the land.</p>