Vernon's annotated revised civil statutes of the state of Texas, Volume 17, Part 2

Front Cover
West Pub. Co., 1956 - History
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Contents

Page
1
GENERAL PROVISIONS
3
Section Page 1 Short Title
5
Section Page 340 Selection of Real Property to Be Sold for Payment
6
Definitions and Use of Terms
7
ANNUAL ACCOUNTS AND OTHER EXHIBITS
9
Appointment of Appraisers
10
Jurisdiction of County Court With Respect to Probate Proceedings
13
PARTITION OF WARDS ESTATE IN REALTY 388 Partition of Wards Interest in Realty
286
Exception Pertaining to Holographic Wills
287
INVESTMENTS LOANS AND CONTRIBUTIONS OF ESTATES OF WARDS 389 Investments
288
Section Page 61 Bequest to Witness
289
Corroboration of Testimony of Interested Witness
290
Revocation of Wills
291
Loans and Security Therefor
292
Guardians Liability for Loans
293

Affidavit to be Attached
16
Effect of Reappraisement
23
Section Page 264 Courts Order
28
Order of Discharge
29
Jurisdiction of District Court With Respect to Probate Proceedings
30
Creditors May Sue on Bond
31
Title Article 30 Commission Merchants 1274
32
SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY AND FIXING THE FAMILY ALLOWANCE 270 Liability of Homestead fo...
34
Title Article 73 Hotels and Boarding Houses 4592
36
Venue for Probate of Wills and Administration of Estates of Decedents
38
Intoxicating Liquor 5075
39
Venue for Appointment of Guardians
40
Limitations 5507
41
Agriculture and Horticulture
47
Defects in Pleading
48
Persons Entitled to Contest Proceedings
49
Allowance in Lieu of Exempt Property
50
Applications and Other Papers to be Filed With Clerk
54
Costs and Security Therefor
55
Judges Probate Docket
56
Claim Docket
57
Probate Minutes and Papers to be Recorded Therein
58
Probate Fee Book
60
Index
61
Call of the Dockets
62
Trial by Jury
63
Evidence
65
Decrees and Signing of Minutes
66
Nature of Homestead Property Immaterial
67
Enforcement of Orders
68
Homestead Rights of Surviving Husband
70
When Homestead Not Partitioned
74
OfficersRemoval of 5961
77
Official Bonds 5998
78
When Homestead Can Be Partitioned
79
Family Allowance to Widows and Minors
80
Amount of Family Allowance
84
When Family Allowance Not Made
85
Section Page 30 Certiorari
86
Family Allowance Preferred
87
To Whom Family Allowance Paid
88
May Take Property for Family Allowance
89
Notice by Representative of Appointment
90
Notice to Holders of Recorded Claims
92
Bill of Review
93
Penalty for Failure to Give Notice
94
Section Page 95 Probate of Foreign Will Accomplished by Filing and Recording 400
95
Filing and Recording Foreign Will in Deed Records403
96
bers of the Bench and Bar and to the Law Teachers whose continued
97
Common Law Applicable
99
Citation and Notice in Probate Matters
100
Partition 6082
101
Tolling of General Statutes of Limitations
103
Section Page 301 Claims Must Be Authenticated
104
Service on Attorney
107
Duty and Responsibility of Judge
108
Authentication of Claim by Others Than Individual Owners
109
Method of Handling Secured Claims
111
Claims Providing for Attorneys Fees
115
Depositing Claims With Clerk
116
Memorandum of Allowance or ReJection of Claim _
117
Failure to Endorse or Annex Memorandum
118
When Claims Entered in Docket
119
Contest of Claims Action by Court and Appeals
120
Suit on ReJected Claim
127
Section Page
128
Stock Laws 6890
129
Passage of Title Upon Intestacy and Under a Will Ill 38 Persons Who Take Upon Intestacy
130
Presentment of Claims a Prerequisite for Judgment135
135
Costs of Suit With Respect to Claims
138
Claims Against Executors or Administrators
139
Claims by Personal Representatives
140
Claims Not Allowed After Order for Partition and Distribution
141
Claims Not to Be Paid Unless Approved
143
No Distinction Because of Propertys Source
145
Inheritance By and From an Adopted Child
146
Classification of Claims Against Estates of Decedents
147
Trespass to Try Title 7364
150
Matters Affecting and Not Affecting the Right to Inherit
152
Joint Obligation
154
Inheritance Rights of Illegitimate Children
155
Proceeds of Sale of Mortgaged Property
156
Owner May Obtain Order for Payment
157
Departments of the Government
158
Determination of Per Capita and Per Stirpes Distribu tion
159
Advancement Brought Into Hotchpotch
160
Borrowing Money
162
Community Estate
164
Notices to Veterans Administration by Guardians ___
166
SALES 331 Court Must Order Sales
167
Temporary Administration Pending Contest of a Will
168
Sales Authorized by Will
170
Certain Personal Property to Be Sold
175
Sales of Other Personal Property
176
Special Provision Pertaining to Livestock
177
Sales of Personal Property at Public Auction
178
Joint Tenancies Abolished
179
Animals
180
Passage of Title Upon Simultaneous Death
181
of Debts
182
Application for Sale of Real Estate
183
Actions to Declare Heirship When and Where They May Be Instituted
184
Who May Institute Action to Declare Heirship
186
Notice
187
Transfer of Action When Will Probated or Adminis tration Granted
188
Evidence to be Reduced to Writing and Sworn to
190
Judgment
191
Filing of Certified Copy of Judgment
192
Who May Execute a Will
193
Setting of Hearing on Application
194
Citation and Return on Application
195
Opposition to Application
196
Order of Sale
197
Apprentices
201
Procedure When Representative Neglects to Apply for Sale
206
Permissible Terms of Sale of Real Estate
207
Public Sales of Real Estate
209
Private Sales of Real Estate
212
Sales of Easements and Rights of Way
213
Representative Not to Purchase Property of the Estate
214
Reports of Sale
219
Bond on Sale of Real Estate
221
Arbitration
224
Action of Court on Report of Sale
226
Deed Conveys Title to Real Estate
234
Delivery of Deed Vendors and Deed of Trust Lien
239
Penalty for Neglect
240
Hiring or Renting Without Order of Court
241
Liability of Personal Representative
242
Order to Hire or Rent
243
Procedure in Case of Neglect to Rent Property
244
Property Hired or Rented to Be Returned in Good Condition
245
Report of Hiring or Renting
246
Action of Court on Report
247
MINERAL LEASES POOLING OR UNITIZATION AGREEMENTS AND OTHER MATTERS RELATING TO MINERAL PROPERTIES 367 Mine...
248
10A Architects 249a 11 Archives
250
11A Assignments in General 2601
253
Mineral Leases at Private Sale
256
Pooling or Unitization of Royalty or Minerals
257
Special Ancillary Instruments Which May Be Executed Without Court Order
259
Procedure When Representative of Estate Neglects to Apply for Authority
260
Section Pags 372 Validation of Certain Leases and Pooling or Unitiza tion Agreements Based on Previous Statutes
261
Application for Partition and Distribution of Estates of Decedents
262
Citation of Interested Persons
266
Interests Which May Pass Under a Will
267
Guardians Ad Litem to Be Appointed in Certain Cases
268
Facts to Be Ascertained Upon Hearing
269
Decree of the Court
270
Partition When Estate Consists of Money or Debts Only
272
Partition and Distribution When Property Is Capable of Division
273
Attachment
275
Partition and Distribution When Property of an Estate Is Incapable of Division
276
Property Located in Another County
278
To Whom Property of a Minor Shall Be Delivered
279
Damages for Neglect to Deliver Property
280
Partition of Community Property
282
Requisites of a Will
283
Partition of Property Jointly Owned
284
Executions 69
285
Guardians Investments in Real Estate
294
Securing Opinion of Attorney With Respect to Loans and Investments
297
Report of Investment and Loans
298
Liability of Guardian for Failure to Lend or Invest Funds
299
Contributions
300
Capacity to Make a Nuncupative Will
301
Requisites of a Nuncupative Will
302
AfterBorn or AfterAdopted Children
304
Attachments for Property 70
305
Penalty for Failure to File Annual Account
306
Prior Death of Legatee
308
Voidness Arising From Divorce
310
Provision in Will for Management of Separate Property
311
Deposit of Will With Court During Testators Lifetime
312
Account for Final Settlement of Estates of Decedents and Persons and Estates of Wards
316
Proceedings Before Death
317
Period for Probate
318
Procedure in Case of Neglect or Failure to File Final Account Payments Due Meantime
320
Citation Upon Presentation of Account for Final Settlement
321
Time to File Application for Probate or Administra tion
322
Action of the Court
323
Duty and Liability of Custodian of Will
326
Persons Who May Make Application
327
Money Becoming Due Pending Final Discharge
329
Order of Persons Qualified to Serve
330
Procedure if Representative Fails to Deliver Estate
331
Persons Disqualified to Serve as Executor or Administrator
333
Issuance of Warrant Upon Information
334
Waiver of Right to Serve
335
Prevention of Administration
337
Contents of Application for Letters Testamentary
338
New Trial
340
Applicability of Other Provisions of This Code
341
Contents of Application for Letters of Administration
342
Liability for Maintenance
343
Procedure Pertaining to a Second Application
344
Proof of Written Will Produced in Court
345
April 1956
346
Payment of Estates into State Treasury
347
Proof of Written Will Not Produced in Court
350
Proof of Nuncupative Will
353
Testimony to Be Committed to Writing
355
APPENDIXFORMER PROBATE LAWS
359
20A Board and Department of Public Welfare 695b 21 Bond Investment Companies 696
361
Enforcement of Specific Performance 71
367
Powers of Temporary Appointees 472
369
When Clerk Shall Issue Letters 603
370
Section Pafle 216 Bond in Such Case 646
371
Right of Appeal 74
377
Proof Required for Probate and lssuance of Letters Testamentary or of Administration 356
378
Action of Court on Probated Will
383
Custody of Probated Wills
389
When Will Not in Custody of Court or Oral
391
Period for Contesting Probate
393
No Will Effectual Until Probated
399
Copy of Will as Prima Facie Evidence of Probate
406
Effect of Recording Copy of Will
407
Recorded Copy of Will Serves as Notice of Title
408
Notice of Contest of Foreign Will
409
Effect of Rejection of Will in Foreign Proceedings
410
Original Probate of Foreign Will in This State
411
Proof of Foreign Will in Original Probate Proceeding
412
When Foreign Executor to Give Bond
417
ESTATES OF MINORS AND INCOMPETENTS 108 Laws Applicable to Guardianships
418
Execution 3770
419
Persons Qualified to Serve as Guardians
420
Persons Disqualified to Serve as Guardians
427
Application for Appointment of Permanent Guardian
429
Judge May Cause Application to be Filed
432
Contest of Proceedings
433
Jury Trial Not Prerequisite
435
Only One Person to Be Appointed Guardian
436
Appointment of Guardian by Will
438
Failure of Guardian to Qualify
440
Term of Appointment of Guardian
441
Removal of Guardianship to Another County May Be Had
442
Continuation of Guardianship
444
Appointment of NonResident Guardian
445
Validation of Certain Letters of Guardianship Hereto fore Issued
450
Delivery of Property 451
471
Accounting
476
Effect of Affidavit
483
Independent Administration
489
Applicability of this Code to Independent Executors
504
Title Article
508
Requiring Heirs to Give Bond
510
Section Page 151 Closing Independent Administration by Affidavit
514
Closing Independent Administration Upon Application by Distributee
516
Powers of an Administrator Who Succeeds an Inde pendent Executor
517
When No Administration Necessary
519
Liability of Community Property for Debts
522
When Spouse Incompetent
547
Duty of Guardians
550
Recovery of Competency
551
Community Administration
554
Application for Community Administration
555
Appointment of Appraisers
557
Bond of Community Administration
559
Order of the Court
564
Powers of Community Administrator
565
Accounting by Survivor
574
Payment of Debts
577
New Appraisement or New Bond
579
Creditor May Require Exhibit
580
Action of Court Upon Exhibit
581
Approval of Exhibit
583
Termination of Community Administration
584
Remarriage of Surviving Wife
587
Distribution of Powers Among Personal Representa tives and Surviving Spouse
588
APPOINTMENT AND ISSUANCE OF LETTERS
597
Opposition to Grant of Letters of Administration
599
Effect of Finding That No Necessity for Administra tion Exists
600
Bonds Not Void Upon First Recovery 648
601
Order Appointing Guardian
604
Issuance of Letters of Guardianship
607
Issuance of Other Letters
608
OATHS AND BONDS OF PERSONAL REPRESENTATIVES
609
How Executors Administrators and Guardians Shall Qualify
611
Oaths of Executors and Administrators
612
Oath of Guardian
614
Bond of Guardian of Person
615
Bonds of Personal Representatives of Estates
616
When No Bond Required
629
Form of Bond
630
Bonds to Be Filed
631
Bonds of Married Women
632
Bond of Married Person Under Twentyone Years of Age
633
Affidavit of Personal Surety
634
When New Bond May Be Required
635
Demand for New Bond by Interested Person
636
Judge to Require New Bond
637
Order Suspends Powers of Personal Representative
638
Decrease in Amount of Bond
639
Discharge of Sureties Upon Execution of New Bond
640
Release of Sureties Before Estate Fully Administered
641
Release of Lien Before Estate Fully Administered
642
Revocation of Letters for Failure to Give Bond
643
Executor or Guardian Without Bond Required to Give Bond
644
Order Requiring Bond
646
Appointment of Successor Representative
649
Resignation
652
Removal
655
Further Administration With or Without Will Annexed
660
Successors Succeed to Prior Rights Powers and Duties
663
Additional Powers of Successor Appointee
665
Subsequent Executors and Guardians Also Succeed to Prior Rights and Duties
666
Powers and Duties of a Guardian of a Person to Receive Funds from a Governmental Agency
667
Guardians of the Person
668
Care of Property of Estates
669
Trial of Right of Property 7402
673
Summary of Powers of Guardians of Person and Estate
675
Representative of Estate Shall Take Possession of Personal Property and Records
676
Collection of Claims and Recovery of Property
677
Extending Obligations Purchase and Compromise
681
Possession of Property Held in Common Ownership
686
Title of Wards Not to Be Disputed
690
Payment or Credit of Income
693
Joint Executors or Administrators
694
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