Henderson v. Van Hook

Texas Supreme Court

Henderson v. Van Hook

25 Tex. 453

DecidedOctober 15, 1860

StatusPublished

This text of 25 Tex. 453 (Henderson v. Van Hook) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henderson v. Van Hook, 25 Tex. 453 (Tex. 1860).

Pincite

Opinion

Wheeler, G. J.

—Prima facie, we think it is to be taken that the proper parties are before the court. To take the administration of the estate out of the probate court, it is not enough that the will contains the provision which the statute contemplates. (O. & W. Dig., Art. 822.) It is further necessary that there should be the assent of the persons entitled to the estate under the will. Unless they have complied with the provisions of the statute, the estate must be settled in the probate court, as in other cases. (Hogue v. Sims, 9 Tex., 546.) The assent of the legatees is not averred in the answer, and we think it fair to conclude, that the estate was being administered in the probate court.. If so, the executor was the proper party. To authorize a reversal, it ought to appear that the proper parties were not before the court. We think it does not so appear.

Judgment affirmed.

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Wheeler, G. J.

—Prima facie, we think it is to be taken that the proper parties are before the court. To take the administration of the estate out of the probate court, it is not enough that the will contains the provision which the statute contemplates. (O. & W. Dig., Art. 822.) It is further necessary that there should be the assent of the persons entitled to the estate under the will. Unless they have complied with the provisions of the statute, the estate must be settled in the probate court, as in other cases. (Hogue v. Sims, 9 Tex., 546.) The assent of the legatees is not averred in the answer, and we think it fair to conclude, that the estate was being administered in the probate court.. If so, the executor was the proper party. To authorize a reversal, it ought to appear that the proper parties were not before the court. We think it does not so appear.

Judgment affirmed.

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Bluebook (online)

25 Tex. 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henderson-v-van-hook-tex-1860.

Opinion

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