[Download] "Grace Bunting v. Anita Martice King Pearson" by Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Grace Bunting v. Anita Martice King Pearson
- Author : Court of Criminal Appeals of Texas
- Release Date : January 10, 1968
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Prior to the adoption of the Texas Probate Code in 1955, this Court had repeatedly held that the general provisions of the Revised Statutes regulating the procedures for establishing claims against an estate were not applicable to claims against an estate administered by an independent executor. Smyth v. Caswell, 65 Tex. 379 (1886); Roy v. Whitaker, 92 Tex. 346, 48 S.W. 892, 49 S.W. 367 (1898); Fischer v. Britton, 125 Tex. 505, 83 S.W.2d 305 (1935). The court of civil appeals, in reversing a trial court judgment, has held that this rule was radically changed by the provisions of the Probate Code as amended and that a claim presented to an independent executor and not acted upon within thirty days must be considered as rejected and that as suit was not filed thereon within ninety days thereafter, a recovery on the claim was barred. 423 S.W.2d 177.