Renn v. Samos

Citations

• 37 Tex. 240

Syllabus

<p>Heirs of a decedent sued under Article 1262, Paschal’s Digest, to contest the validity of a propounded will. The defendants were the executors named in the asserted will, under which, also, they took beneficial interests. The plaintiffs obtained verdict and judgment invalidating the supposed will, but the court below adjudged that all costs be paid out of the decedent’s estate, and also ordered that the fees of the defendants’ attorneys be paid out of the estate. Held, that the suit is a personal action against the defendants, and not an action against them as representatives of the decedent’s estate, and they had no right or authority to have their attorney’s fees imposed upon the estate. And under Article 1483, Paschal’s Digest, all the costs should have been adjudged against the defendants ; wherefore the judgment below is here reformed and rendered.</p>