22 S.W.2d 727 | Tex. App. | 1929
This appeal involves a single issue, which is whether appellant Willie May Alexander, by a certain instrument in writing contained in the record, signed by her, renounced or waived her right to administer on the estate of her deceased husband, James Alexander.
Appellee, D. H. Moyers, was on September 13, 1927, on his own application appointed temporary administrator of the estate of said James Alexander by the county judge of Ellis county. The sole purpose of such appointment as recited therein was to collect certain money belonging to said estate which had reverted thereto by reason of the death of Sela Alexander, mother of the deceased and beneficiary in a policy of war risk insurance held by him at the time of his death. The regularity or validity of such grant of administration is not assailed. Appellee qualified as such temporary administrator by taking oath and giving bond two days later. He at the same time, although only a temporary administrator and although no order appointing appraisers is contained in the record, returned an inventory and appraisement of said estate, in which he showed that the commuted value of said claim was $3,633. No other property or claim was listed. Nothing further is shown to have been done by him since such appointment.
Appellant, on April 13, 1928, filed her application or petition in the county court of said county asking that the appointment of appellee as such administrator be revoked, and that letters of administration be granted to her in his stead. Appellee answered, contesting such application on the ground that she had renounced or waived her right to administer on said estate in and by said instrument. A hearing was had in the county court and appellant's application denied. An appeal was taken to the district court, and a hearing on appellant's application had therein. Such hearing was before the court without a jury. The court found that appellant, by the writing aforesaid, had renounced and waived her right to administer on the estate of her said husband, denied her application, and confirmed the appointment of appellee. Hence this appeal.
The judgment of the trial court is reversed, and the cause is remanded.