Thompson v. Branch's Administrators

Citations

• 35 Tex. 21

Syllabus

<p>Í. No suit in. the District Court can be sustained upon a money demand against a decedent’s estate unless the demand was first presented to the administrator for allowance, and the prescribed action taken for the establishment of it in the Probate Court. Allowance and approval -of the demand made subsequent to the institution of the suit, will not obviate the difficulty. (Danzey v. Swinney, 7 Texas, 626, and Millican v. Millican, 15 Texas, 460, cited by the court.)</p> <p>A The fact that by the Constitution of 1869, now in force, the probate jurisdiction is vested in the District Courts, does not, it seems, change the above rule in our law.</p>