Wright v. McNatt

Citations

• 49 Tex. 425

Syllabus

<p>3. Preferred cases—Bules.—By rule 59,- administration cases will be advanced on the Supreme Court docket.</p> <p>2. Removal of administrator—Statute construed.—Section 27 of the Probate act of 1876. providing for the removal of executors or administrators by the county judge of his own motion, or-of any - person interested in the estate, * * * “ when they fail to obey any order of the court consistent with this act in relation to the estate committed to their charge,” gives the right to remove for the failure to execute an order requiring the sale of land, although the administrator may claim that the order was illegal, because including the homestead.</p> <p>3. Practice in Probate Courts.—The legality of an order of sale cannot be tested by the administrator resisting an order removing him for disregarding the order of sale. The remedy against the disputed order is by appeal or certiorari.</p> <p>4. Order of sale held not to be a nullity.—An order for the sale of 300 acres of land, including the homestead, for the payment of debts of an estate, is not a nullity by reason of including the homestead, though it might be erroneous.</p> <p>5. Minors prosecuting suits__Minors cannot sue by attorney. In litigating, general or special guardians should be appointed.</p>