Watt v. Downs

Citations

• 36 Tex. 116

Syllabus

<p>1. When an incumbrance on property of an estate is discharged by the incumbrancer bidding off the property, and the bid being applied to his claim, the personal representative of the estate is not entitled to the statutory commissions on the amount, as though he had received and paid it out in cash. (Paschal’s Digest, Article 1340; James v. Corker, 30 Texas, 617.)</p> <p>2. Extravagant counsel fees should not be allowed an executor for litigious resistance of an obviously just demand against the estate he represents.</p>