The Texas Civil Appeals Reports Volume 40

The Texas Civil Appeals Reports Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...of and manage and control the property devised, the trust to be separate, and that no part of the estate given to one trustee have relation to or be in any wise dependent upon the other. The will then nominates J. A. Crawford to be executor, with directions to sell the property, except some small bequests, to pay debts, and then it directs that said Crawford is to retain onehalf the remainder as trustee, "to be held and used as hereinbefore stated, and the remaining half I desire to pay to Annie Hord, -to be held and used by her as trustee, also for the purposes mentioned." This clearly shows that Crawford was to be executor alone, and that each was to act as trustee only for the part of. the estate devised to them, that is, Crawford was to act as trustee of the portion devised to him and his wife, and Annie Hord was to act as trustee of the portion devised to the children of F. P. Hord. The court also erred in said charge in assuming that Crawford would not be entitled to any fees for the reason therein stated. Executors are entitled to all costs accruing to them under the law in the honest and faithful administration of the estate. When, however, the executor is negligent in the performance of his duties as such and costs accrue thereby, they may be taxed against him on final settlement. (Thomas v. Hawpe, 80 S. W. Rep., 129.) Whether or not Crawford was entitled to the attorney's fees alleged to have been paid by him in the suit wherein Annie Hord sought to remove him from the executorship, should have been left to the jury for their determination under appropriate instructions. The judgment is reversed and cause remanded. Reversed and remanded. CLARA BAaxLow v. En AVERY. Decided October 21, 1905. 1.--Damages--Keeping...show more

Product details

  • Paperback | 390 pages
  • 189 x 246 x 20mm | 694g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236788567
  • 9781236788566