70 Tex. 71 | Tex. | 1888
Appellants, heirs of G. W. Davis, deceased, brought this suit against appellee, administrator of the estate , of William McCullough, to establish a note for one thousand four hundred dollars as a claim against said estate. McCullough had been administrator of the estate of G. W. Davis, in DeWitt county. On application of the heirs of G. W. Davis to withdraw his estate from administration, McCullough filed his final exhibit and report of said administration, which was ap
It is contended that the order of the probate court of DeWitt county requiring McCullough to inventory the note as assets of the estate of G. W. Davis, conclusively established his indebtedness to the estate for the amount of the note. Two years
That such order, when made under circumstances authorizing it, is not conclusive, seems to be well settled: “It appears by our statute that the inventory is not intended to be conclusive, and no distinction is made between an inventory voluntarily made, and one returned under the judgment of the court, as to its effect in evidence. Neither the one nor the other is conclusive.” (White v. Shepperd, 16 Texas, 168.)
We are of opinion that there is no error in the judgment of the court below, and that it should be affirmed.
Affirmed.