Sarah Howze vs. John W. Howze

Rusk County TX

Abstracted from "Reports of Cases Argued and Decided in the Supreme Court of the State of Texas" compiled by O. C. and R. K. Hartley [period 1850-1865] pub. Gilbert Book Co. St. Louis, 1880s.

Vol. 14, pp. 231-232

Appeal From Rusk Co.
Sarah Howze vs. John W. Howze

Suit filed May 7, 1855 with regard to wagon and yoke of oxen and damages for their detention. Plaintiff was relic of James Howze, who died June 1852, leaving a will which named defendant executor and which has been probated. Will contains following bequests: "I give and devise to my beloved wife, Sarah Howze, the settlement of land on which I live in Rusk County, Texas containing about three hundred and sixty nine acres for a home during her lifetime. I also give and devise to her as long as she lives the following negroes Primeras and Hannah and her children, also all of my household and kitchen furniture and my stock of different kinds together with ample provision for one year." At the March 1853 Term of the Rusk County Court, court relued that there was sufficient other estate property in the hands of the executor for payment of all debts and administration expenses, and ordered that terms of will be carried out. Defendant denied her right to same under the bequest, contending they were not included therein; and obtained order for sale of the perishable property of the estate. A bid for the wagon and oxen was made by Wade Love for $159. This was not a legitimate sale since Love was purchasing for the defendant. Defendant demurred on ground that court had no jurisdiction and suit was prematurely brought. Judgement for defendant.

Decision of Texas Supreme Court: Case should have been tried in county's District Court and decision made as to executor's compliance with the law. Judgement reversed and cause remanded; executor to have immediate possession of property in question.