Ramirez v. McClane
Ramirez v. McClane
Opinion of the Court
At the time the petition in this ease was filed, the administration of estates pertained
The petition also .sought to vacate the allowance and approval of a claim against the estate. If this relief was sought on the ground that the claim was barred by limitation, the petition was manifestly defective. (Eccles v. Daniels, 16 Tex., 136; Heffner v. Brander, 23 Tex., 631.) It would seem, however, to have been claimed on the ground that the administration was a nullity. In holding the petition sufficient as a suit to vacate an administration fraudulently procured after the lapse of four years, we do not intend to intimate that the effect of vacating the administration, would be to vacate the establishment of a claim in favor of third parties not participants in the fraud.
The judgment is reversed and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- Candida Ramirez v. John McClane, Adm'r
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Pleading—Bill of review.—Under the probate act of 1870 a petition for review of acts done on the probate side of the District Court could be brought within two years from the date of the order, and on general demurrer it was sufficient, as a description of the order sought to be revised, to set out the substance of sucii order. 2. Same—Limitation.—An order granting letters of administration was made October 13, 1873; a petition for review was filed October 14, 1875, alleging that to obtain the original grant of letters it had been alleged falseljr that the deceased had died within four years of such application : Held, That such petition was filed in time within two years, and set out sufficient grounds for review under the probate act of 1870. 3. Same—Repeal of law by new probate law.—The repeal of the act of 1870, and the passage of the probate act of 1876, under the Constitution of 1876, before the trial of such case, did not render the petition subject to general demurrer. 4. Jurisdiction of District Court—Probate matters.—Such suit is maintainable under the probate act and the Constitution of 1876; the jurisdiction of the District Court being ample to afford sncli relief. 5. Claims established under administration annulled.—It is left undecided as to effect of a decree vacating an administration upon claims established under such administration.