Reinstein v. Smith

Citations

• 65 Tex. 247
• 1886 Tex. LEXIS 648

Syllabus

<p>1. Estates of decedents—Revised statutes, arts. 1931 and 1932 — Executors and administrators—Under arts. 1931 and 1932, R. S., executors and administrators have extreme powers and discretion in the management of plantations belonging to estates represented by them. In fact, it is made their duty to carry on such plantations, unless, in the exercise of a sound discretion, the responsibility of which is cast upon them, they deem it unadvisable to do so.</p> <p>2. Estates of decedents — Executors and administrators, advances to — One who, upon the credit of an estate, has furnished money or goods to the executor or administrator thereof, to enable him to conduct plantations belonging to the estate, is entitled to be reimbursed therefor.</p> <p>3. Same—Such a claim becomes a claim against the estate, which the executor or administrator may approve and the probate court may allow and cause to be paid, or upon which, in the event this be refused, a suit may be maintained in any court having jurisdiction.</p> <p>4. Semble—A due regard for the rights of such persons as may deal with executors or administrators, would seem to require that those interested in estates represented by such trustees, if they be of the opinion that the management is not prudent or judicious, should invoke the control of the court having jurisdiction over the estate, which they have the right to do under the law. (R. S., art. 1932.)</p> <p>5. Case reviewed and distinguished—The case of McMahan v. Harbert, 35 Tex., 452, reviewed and found to have been controlled by a statute (Pas. Dig., 1130) differing in some respects from the present statute, and, therefore, not authority in this case.</p>