Remick v. Luter

Citations

• 32 Tex. 797

Syllabus

<p>1— An heir of an intestate brought suit in the District Court against the sureties of the administrator, alleging as breach of their bond that the administrator had received assets and had left the State of Texas without settling up his accounts as administrator. But the petition further showed that there were debts still outstanding against the estate. Held, that a general demurrer to the petition was correctly sustained.</p> <p>2— The sureties of an administrator are primarily liable to creditors of the estate, or to an administrator de bonis non for the benefit of creditors; and so long as there are creditors, the sureties are not liable to the heirs or distributees in an action on the bond.</p> <p>3— In the state of facts presented by the petition in this case, the heir should have become administrator de bonis non, and in that capacity have proceeded upon the bond of the original administrator.</p>