Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 313
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1875.] KLEINECKE V. WOODWARD. 313
Opinion of the Court.
for cash and bought by defendant for twenty-five dollars.
This twenty-five dollars was absorbed in the expenses of administration.
No claims of any kind appear to have been
presented against the estate, and after the approval of the
sale, which was had at the July term, 1854, no further proceedings
appear to have been had.
On the other hand it was proved that the administrator,
Wilson, who died in 1867, was the brother-in-law of plaintiffs,
and stood high as a man of honesty and integrity. The clerk
of the court at the time of the sale testified that the sale was
made after due notice and with perfect fairness, and that certificates
of the land were then worth twenty or twenty-five
dollars. The defendant on the stand denied all collusion between
himself and the administrator for the sale of the certificate,
and stated that he purchased it at public sale in perfect
good faith and gave its full value. It appeared also that August
Kleinecke died in 1851.
The administration was had under the Probate Law of 1848,
and to that law and the decisions made under it, and similar
laws, must we look for the authority of the court to grant letters.
By the second section of that act, applications for letters
of administration are required to be in writing; but nothing
is said of its being essential that the application should state
the fact of the existence of claims against the estate, or other
fact showing the necessity of administration. Appellant cites
no authority in support of his position that the jurisdiction of
the Probate Court was dependent on the averment in the application
of facts showing the necessity of administration, and
the court held such to be the law. Nor can we say that the
chance of any evidence of the presentation or approval or existence
of claims against the estate justifies us in holding that
the court had no jurisdiction to grant letters. The authority
of the court is not made by the statute dependent upon
the existence of debts. The case of Blair v. Cisneros, 10
Texas, 46, is cited by appellant. But the great lapse of
time, sixteea years, after the death of the intestate, appears
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/321/: accessed June 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .