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: 323
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1875.] STEPHENSON V. MCFADDIN. 323
Statement of the case.
4. PARTIrrroN. A petition signed and sworn to by three commissioners,
and filed in the Probate Court, there being no evidence of a petition for
partition, or of action thereon by the Probate Court, cannot be relied
on as an adjudication settling the estate and releasing the executor and
his sureties upon the executor's bond.
5. TRUSTEE. An executor with power to administer without control of the
Probate Court is a trustee for those entitled to take under the will, and
before turning the estate over to the heirs, he had the right to insist
upon bond and security to protect himself against liability for an unpaid
APPEAL from Jefferson. Tried below before the Hon. IH.
William M. IMlcFaddin sueO Gilbert Stephenson and A. J.
Lewis to recover one hundred and twenty-five dollars, being
one-fourth part of a legacy of five hundred dollars lefts by Nancy
Hutchinson to certain persons, to which one-fourth plaintiff
was entitled by purchase of one, of the legatees.
It appeared that Nancy Hutchinson died January 4th, 1863,
and that her will was admitted to probate January 26th, 1863.
The will is as follows:
" State of Texas, In the name of God, Amen. I,
"County of Jefferson. Nancy Hutchinson, of the State of
Texas and County of Jefferson, being of sound mind and dis"posing
memory, at the time of making this myas will and
"testament, and at the same time mindful that it is appointed
"to all to die, and desiring, before my death, to make a dispo"sition
of the property with which God has blessed me, do
"make and publish this as my last will and testament, hereby
' revoking all wills heretofore by me made.
" Item 1st. I direct that all my just debts be paid as soon
'as the same can be conveniently done after my death, by my
" Item 2d. I give and devise to my son, Andrew J. Tevis,
ly negro man, Abe.
" Item 3d. I give and devise to my granddaughter, Eliza
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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/m1/331/: accessed September 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .