Walker v. Abercrombie

Citations

• 61 Tex. 69
• 1884 Tex. LEXIS 48

Syllabus

<p>1. Parties — Estates of decedents.— Though the legal representative of a deceased person’s estate is the proper party to bring suit for the recovery of a debt due the estate, since this rule has its foundation in the necessity of protecting the creditors of the estate, it does not exist for the benefit of debtors, and is subject to exceptions. The legal representative is entitled to the property of the estate only in a qualified manner and for a specific purpose; for all other purposes the title is in the heir from the moment when descent is cast.</p> <p>2. Parties — Estates of decedents. — When over three years had elapsed since the death of the intestate, whose estate was alleged to have been insolvent, and during which time no one had applied for administration thereon, the surviving widow brought an action of debt on a judgment which was the community property of herself and of her deceased husband, and which was rendered nearly seven years before his death. Held, that under the facts stated in the opinion the surviving widow could maintain the action. Following Evans v. Oakley, 2 Tex., 185.</p> <p>3. Same. — Independent of the special facts of the case, the wife, as survivor of the community estate, could, being the owner of the judgment rendered in the life-time of her deceased husband, preserve the debt, against which limitation was nearly complete, by an action in her own name.</p>