Ramirez v. McClane

Citations

• 50 Tex. 598

Syllabus

<p>1. Pleading—Bill of review.—Under the probate act of 1870 a petition for review of acts done on the probate side of the District Court could be brought within two years from the date of the order, and on general demurrer it was sufficient, as a description of the order sought to be revised, to set out the substance of sucii order.</p> <p>2. Same—Limitation.—An order granting letters of administration was made October 13, 1873; a petition for review was filed October 14, 1875, alleging that to obtain the original grant of letters it had been alleged falseljr that the deceased had died within four years of such application : Held, That such petition was filed in time within two years, and set out sufficient grounds for review under the probate act of 1870.</p> <p>3. Same—Repeal of law by new probate law.—The repeal of the act of 1870, and the passage of the probate act of 1876, under the Constitution of 1876, before the trial of such case, did not render the petition subject to general demurrer.</p> <p>4. Jurisdiction of District Court—Probate matters.—Such suit is maintainable under the probate act and the Constitution of 1876; the jurisdiction of the District Court being ample to afford sncli relief.</p> <p>5. Claims established under administration annulled.—It is left undecided as to effect of a decree vacating an administration upon claims established under such administration.</p>