Ryan v. Maxey

Citations

• 43 Tex. 192

Syllabus

<p>1. Married women—Estoppel.—One of two minors died leaving a large estate incumbered by debts incurred by their guardian; the heirs of the deceased minor applied for partition, which was resisted by the guardian insisting that he should be kept harmless from debts he had incurred on account of the deceased. The heirs then united in an application to the probate court for sale of lands to pay the debts and for partition of the remainder. Upon this the court ordered sale of some lands to pay debts, and the remainder, lands and slaves, was partitioned among the heirs: Held, that the married women participating in the proceedings were concluded by the sale under said order.</p> <p>2. Estoppel—Fraud.- Married women will not be allowed to perpetrate a fraud in recovering property sold at their instance and foi their benefit or that of their estate.</p>