Trammel v. Philleo

Citations

• 33 Tex. 395

Syllabus

<p>1. During the rebellion an administrator obtained orders of the probate court to sell assets “ for cash,'5, and under such orders he made sales for Confederate notes, which he paid to such creditors of the estate as would accept them. After the close of the rebellion the probate court permitted him to resign his letters of administration, and to settle his accounts on Confedérate money returns and vouchers. Held, that the orders and judgments of the probate court, approving such accounts and discharging the administrator, are not merely erroneous, but are null and void, and must be so held in all collateral as well as direct pro . ceedings wherein their validity becomes a question. Held, further, that the administrator must be charged with the value of the. assets at the time he sold them for Confederate notes; that such creditors as received from the administrator full payment in such notes shall not be allowed to revive their claims against the estate ; and, the estate being insolvent, the pro rata dividends to which such creditors would, if paid iu legal currency, be entitled, are to bo allowed to the administrator as credits. And further held, that the administrator's commissions are to he computed upon the like lawful money basis, and he is not to be allowed commissions upon his commissions;</p> <p>2. Attorney’s fees, reasonable in amount and shown to have been necessarily incurred in the administration of the estate, are allowable to an administrator ; but liberal commissions should not be allowed to an administrator, and attorneys be also paid out of the estate lor conducting the administrator’s business.</p> <p>3. The administrator and the sureties upon his bond are liable to the creditors of the estate for the settlement of his trust in accordance with the directions here given.</p>