Shackleford's Administratrix v. Gates

Citations

• 35 Tex. 781

Syllabus

<p>1. Heirs of a decedent sued Ms executor on account of the services of certain of their slaves alleged by them to have been applied by the-decedent to his own use. The court below erroneously allowed certain general creditors of the decedent’s estate to intervene and contest the case against the plaintiffs; and there being judgment below for the plaintiffs against the executor, no appeal or writ of error is prosecuted by the executor, but an intervenor, who was the administratrix of one of the general creditors, attempts to bring the judgment. up to this court without bond. Held, that the judgment is not such an one as the intervening administratrix can thus bring to this court.</p> <p>2. Note the strictures of this court on the impropriety of permitting general creditors of an estate to intermeddle in suits against its legal representative.</p> <p>■8. Insolvency, it seems, does not disable a testator from exercising his power, under Article 1371, Paschal’s Digest, of exonerating his estate from the probate jurisdiction of the courts. A remedy is afforded creditors by the statute in all cases which can arise under it.</p>