Trousdale v. J. Trousdale's Executors

Citations

• 35 Tex. 756

Syllabus

<p>1. A testator’s widow is not entitled to have the “ year’s allowance ” assigned to her out of the estate, when the will of the testator has already made adequate provision for her in lieu of the year’s allowance. (In the present case the will did not expressly state the legacies to the widow to be in lieu of her year’s allowance.)</p> <p>2. The district court erred by confirming an executor’s sale of real estate, when the sale was made on one day and the published advertisement of the sale designated a different day of sale.</p> <p>3. A district court (sitting in probate) having erroneously confirmed an executor’s sale of real estate, made on a different day than that advertised, as appears by the transcript, the counsel for the appellee in this court suggested that in fact the sale was made on the day advertised, and moved that a writ issue from this court directing the district clerk to permit the newspaper publisher to make return of the advertisement under which the sale was really made, and further directing the said clerk thereupon to certify to this court a transcript of such corrected proof of publicalion. Held, that the motion cannot be allowed, as it would be an exercise of an original jurisdiction not pertaining to this court.</p>