36 S.W. 482 (Tex.Civ.App. 1896), Stephenson v. Chappell

Citation:36 S.W. 482, 12 Tex.Civ.App. 296
Opinion Judge:FLY, J.
Party Name:STEPHENSON et al. v. CHAPPELL et al.
Attorney:Geo. H. Plowman and Joseph M. Cary, for appellants. [12 Tex.Civ.App. 297] Leake, Henry, Reeves & Greer and Word & Charlton, for appellees.
Case Date:May 13, 1896
Court:Court of Appeals of Texas, Court of Civil Appeals of Texas

Page 482

36 S.W. 482 (Tex.Civ.App. 1896)

12 Tex.Civ.App. 296




Court of Civil Appeals of Texas

May 13, 1896

Appeal from district court, Dallas county; Edward Gray, Judge.

Action by Ella V. Thruston, as guardian of Eugenia W. and William A. Chappell, minors, against Mary A. Stephenson and others, to recover their interest in the community estate of their grandmother. From a judgment for plaintiffs, defendants appeal. Reversed.

Page 483

Geo. H. Plowman and Joseph M. Cary, for appellants.

[12 Tex.Civ.App. 297] Leake, Henry, Reeves & Greer and Word & Charlton, for appellees.


[12 Tex.Civ.App. 298] In 1891, the suit from which this appeal resulted was brought by Mrs. Ella V. Thruston as guardian of the estates of Eugenia W. Chappell and William A. Chappell, her minor children by a former marriage. The statement of the matters pleaded made by appellees is correct, and we adopt it, as follows: "In 1877 Elizabeth A. H. Armstrong, grandmother of defendant in error, died intestate, leaving, surviving her, her husband, Samuel Armstrong, and three children, her only heirs, viz. Mary A. Stephenson, plaintiff in error and defendant in lower court, and William Armstrong, her children by her marriage with Samuel Armstrong, and John H. Chappell, a son by a former marriage. At the time of the death of the said Eliza A. H. Armstrong, she and her husband, the said Samuel A. H. Armstrong, owned community property, consisting of lands and personal property of the aggregate value of $10,000 and $25,000 in money. On November 10, 1880, said Samuel Armstrong qualified as survivor of the community estate in the manner prescribed by law. That he did not keep a fair and full account and statement of the [12 Tex.Civ.App. 299] community debts and expenses paid by him, and of the disposition by him of such community property, and had wholly failed to account to said minors for their interest in such community estate with the increase and profits thereof. That he sold and disposed of all the community personal property, and converted and appropriated to his own use all notes, accounts, claims, and moneys belonging to said community estate, which were on hand at the time of the death of Mrs. Armstrong. That the inventory filed by the said Samuel Armstrong on qualifying as survivor had been lost, and he had kept no account or statement of his doings and acts as such survivor or otherwise, and a better statement and account of the property coming into his hands and the disposition made thereof could not be ascertained and given. That portion of the land on hand at the time of Mrs. Armstrong's death had been sold by him, and the persons to whom sold, the amount received for each tract sold, and the date thereof, were set out, amounting in the aggregate to more than $100,000. That he had loaned out the community moneys at interest, and had failed to account to said minors for either the principal or interest thereon. On January 17, 1890, Samuel Armstrong died at the residence of the plaintiff in error, Mrs. Stephenson, then Mrs. Stevens, and at the time of his death he had in his possession $10,000 in money, a part of the community estate, and a large number of notes given in payment and part payment for community lands and community property so sold by him subsequent to November 10, 1880, amounting in the aggregate to $75,000, all of which were immediately seized and converted by her. Defendants in error prayed that an accounting might be had, and that it be ascertained in...

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