Todd v. Willis

Citations

• 66 Tex. 704
• 1 S.W. 803
• 1886 Tex. LEXIS 600

Syllabus

<p>1. Executors—Control ok probate court—Administration.—The management of the estate of a deceased person and the disposition of property by executors acting under a will which withdraws the estate from the general control of a probate court, is to be deemed within the meaning of the law, and “ administration.”</p> <p>2. Same—Sale—Effect.—A sale of property under such an administration, through the act of an executor or under a decree against him by a court having jurisdiction to render it, would require the property of the estate so disposed, of to he considered, as administered as fully as though it had been sold in an ordinary administration under an order of a probate court. In the one case as in the other, property would be said to be administered or unadministered under the same state of facts.</p> <p>3. Administrator de bonis non—Duties.—The provisions of Arts: 1959-1961, Revised Statutes, regulating the appointment of an administrator de bonis non and declaring his duties and powers, arc the same as those of Paschal’s Disgest, 1376, and it is evident that the duties of such an administrator extend only to the estate not administered.</p> <p>4. Same—Sale by administrator—Fraud—Cases reviewed.—DeWitt v. Miller, 9 Tex., 248 ; Cochran v. Thompson, 18 Tex., 652 ; Giddings v. Steele, 28 Tex., 748; Parson v. Burdett, 26 Tex., 157, and Fornique! v. Forstall, 34 Miss., 96, reviewed and the doctrine that an administrator de bonis non has the power to maintain a proceeding to set aside a fraudulent sale made by a former administrator, even when such sale has been confirmed by the probate court, preferred to that held in McDonald v. Alford, 32 Tex., 36, and Brown v. Franklin, 44 Tex., 564.</p> <p>6. Same—Administration without control ( >f probate court—Foreclosure of lien and sale—Effect.—The administrator de bonis non of the estate of E. instituted proceedings against a purchaser at sheriff's sole to set aside the order of sale and sheriff’s return, and cancel the sa