Tindal v. McMillan

Texas Supreme Court
Tindal v. McMillan, 33 Tex. 484 (Tex. 1870)
Denison

Tindal v. McMillan

Opinion of the Court

Denison, J.

This was a suit brought by the distributees of an estate against an administrator, to, recover the balanceof tbe shares due them, and to have the orders and decrees of the probate court revised and corrected.

The principal question of law raised by tbe assignment of errors is as to tbe statute of limitations, whether the statute commences to run upon tbe individual orders of tbe probate court, from the *487time such orders are made in the progress of the administration ; or does it commence to run from the date of final settlement ?

The orders of the probate court, before the final settlement and discharge of the administrator, are in the nature of interlocutory decrees, and the statute does not run until after such final settlement and discharge.

There appears to be no error in this case that would warrant an interference with the verdict, or a reversal of the judgment.

The judgment is affirmed.

Affirmed.

Reference

Full Case Name
J. A. Tindal, Administrator, etc. v. John McMillan
Cited By
2 cases
Status
Published
Syllabus
1. Orders of a probata court in the course oí the administration of an estate, and before the final settlement and discharge oí the administrator were-in the nature of interlocutory decrees ; and the statute of limitations, prescribing the time within wlweh suits tor revision of such orders must he brought, did not begin to run until thefina) settlement amd draotarge of the administrator. (Paschal’s Digest, Article 1332.)