14 Tex. 569 | Tex. | 1855
The order of the Probate Court, of the 30th of May, 1848, does not profess to be a final disposition of the subject matter ; and it may well admit of question, whether, under the provision of the Act of 1846, (Hart. Dig. Art. 1098,) the party aggrieved was bound to appeal, until there was a final action of the Court upon that subject matter. We think it, at least, clear that, as the final action of the Court, in the settlement of the account of the defendant, touching his actings and doings in the matter of the administration, was not taken until the 30th of November, 1849, when the whole subject of his administration came under review, and received the final action and approval of the Probate Court, this proceeding was properly instituted and rightly maintained, under the provision of the Act of 1848, (Hart. Dig. Art. 1230,) then in force. We are of opinion, therefore, that the right of the plaintiff was not lost by her failure to appeal from the order of 30th of May, 1848. (See Hagerty v. Scott, 10 Tex. R. 525; 11 Tex. R. 677.)
The original petition, in which the widow of the intestate was plaintiff, was filed within two years from the final action of the Court upon the matters, in respect to which, it is sought to have its judgment revised and corrected; and was, therefore, in time. The plaintiff in this petition, comes within the description of persons, on whom the right to institute this proceeding is conferred by the Statute, by the expression, “ any one interested in the estate.” And where it is provided, that any one interested in the estate, may have any account of the administrator revised and corrected, we do not understand that it is intended, that all persons so interested must join in the proceeding to be instituted for that purpose. We do not think the right of action, conferred by the words “ any one interested
We are of opinion that there is, therefore, no error in the judgment, and that it be affirmed.
Judgment affirmed.