Reynolds v. McFadden

Citations

• 36 Tex. 129

Syllabus

<p>1. Where a testator provided by his will, that his estate should be administered outside of the probate court, and the executor had turned over the estate to the devisee, it was competent for a creditor of the estate to bring suit on bis claim in the District Court, directly against the devisee of the estate. (Paschal’s Digest, Article 1372.)</p> <p>2. The record in this case discloses that the estate of the testator was by virtue of his will administered outside of the prohate court, but that the account sued on was allowed by the executor, and approved by the chief justice of the county court. Held, that the presumption is that the presentation had become necessary, and that the approval was legitimate and proper. The claim thereby became an established debt against the estate, and required no evidence, other than the account allowed and approved as the law required, to entitle the plaintiff to a recovery.</p>