Mitchell v. Harrison

Citations

• 32 Tex. 331

Syllabus

<p>1— The care of the minor children of an intestate forms no part of an administrator’s duties, except that he is bound to abstain from meddling with the property required to be set apart for the family of the deceased.</p> <p>2— An administrator, in the settlement of his administration, claimed allowance for the support of minor children of his intestate. It was not pretended that the administrator was also guardian of the children, or that he had set aside any property for their support. Held, that the claim was properly disallowed.</p> <p>8—An appeal, and not a certiorari, is the proper mode in which an administrator could obtain the revision by the District Court of the orders of the Probate Court in the settlement of his account.</p> <p>4—An administrator, in his petition for certiorari to remove proceedings of the Probate Court to the District Court for revision, sought to make the guardian of his intestate’s minor children a party, although he was no party in the Probate Court, and no cause was shown, or is it apparent, why he should be made a party. Held, that the petition was clearly exceptionable, and there was no error in its dismissal by the District Court, on motion.</p>