2 Tex. 465 | Tex. | 1847
delivered the opinion of the court.
This was an appeal from the order of the probate judge of Victoria, on a settlement of the accounts of an administratrix, in which was involved the claim of the wife to certain sums aS' her own separate money before marriage. These items were embraced in an exhibit marked B, and the rejection by the probate judge of these particular items was believed by the district judge to have been the order appealed from by the appellants; and on the trial in the district court, the appellant was confined to' them, and not permitted to go into an examination of any other accounts. On an examination of the record we cannot perceive that the court erred in. so doing, as it appears that the appeal was taken from that decision alone-The administration had been a long time in progress, and the administratrix was frequently before the probate court, but it does not appear that a final settlement was at any time attempted; but different orders were sought for by the adminis-tratrix, and allowances made from time to time; at one time, the court made an allowance of a sum of money for the support of the family, the first year after the death of the intestate, and afterwards set aside this allowance, and had it stricken from the account of the administratrix. The counsel for the administratrix excepted, and also made exceptions to other orders of the probate judge in relation to the accounts of the administration, and appealed, as we believe, from the record, from these orders, to the district court, and subsequently to the appeal getting into the district court, dismissed their appeal; and it was after this that the order rejecting the cred