Ryan v. Texas & Pacific Railroad

Citations

• 64 Tex. 239

Syllabus

<p>1. Probate — Limitation.— Notwithstanding the expiration of four years from the death of a testator, a will may be probated for the purpose of establishing a link in a chain of title, although no letters testamentary can issue. Where an executor declines to present a will for probate, any one claiming an interest under the will may present it.</p> <p>2. Sale by devisee.— A sale by a devisee of an interest held under a will, but made before the probate of the will, passes the estate, and a subsequent probate gives vitality to such conveyance, except against an innocent purchaser from an heir.</p>