Outler v. Elam
Outler v. Elam
Opinion of the Court
Opinion by
§ 1003. Administrator; proof of fiduciary capacity; letters not the only evidence of. Letters of administration are a legal and convenient mode of proving the authority of an administrator, but are not the only mode of proving such authority. This proof may be made by the records of the court that made the appointment, or by certified copies thereof, and such evidence is not secondary. [Abbott’s Trial Ev. 56; 1 Greenl. Ev. 519; Farnsworth v. Briggs, 6 N. H. 562.] The case of Werbiskie v. McManus, 31 Tex. 116, was decided under the probate law of 1848, and the fact seems to have been overlooked that though letters may be sufficient evidence of administration granted, they are not made the only or exclusive
Eeversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.