Redding v. Boyd

Citations

• 64 Tex. 498

Syllabus

<p>1. Community property — Exemption — Executor.— A wife died leaving community property, and her husband married again; at his death he left an insolvent and exempt estate, which, with the community estate of himself and his first wife, was put into the hands of an executor. The executor used part of this community estate to pay debts contracted by the deceased husband after the death of his first wife. Held;</p> <p>(1) That the misapplied money should be charged to the husband’s portion of the community estate. The executor held the joint property of two persons ; if he paid out of the community property of the first marriage, separate debts of the husband, then, in dividing the remainder between the heirs of the husband and the heirs of the first wife, the share of the latter could not be decreased by such payments. It makes no difference that there would not be left in the husband’s estate sufficient to make an allowance in lieu of exempt property. That allowance must be raised from the estate of the decedent. R. S., title XXXVII, ch. 18.</p> <p>(3) That though the executor paid debts over which the exemptions had priority, they were chargeable upon the same interest and estate from which the exemptions were to be taken; they could in no event become a charge upon the community estate of the first wife.</p> <p>(8) That recovery for the misappropriation must be had against the executor.</p>