Thompson v. Buckley

• Decision Date: 31 December 1846
• Citation: 1 Tex. 33
• Parties: A. P. THOMPSON, PROBATE JUDGE v. C. W. BUCKLEY, ADMINISTRATOR OF HUMPHREYS
• Court: Texas Supreme Court

1 Tex. 33

A. P. THOMPSON, PROBATE JUDGE

v.C. W. BUCKLEY, ADMINISTRATOR OF HUMPHREYS

Supreme Court of Texas.

December Term, 1846.

Appeal from Harris County.

When the words of a statute clearly express the legislative will, courts are not at liberty to give a construction to it which would defeat the obvious meaning and intention of the law-making department.

Whatever may be the opinion of a court as to the policy of a law, it is bound to give effect to the expressed will of the legislature in applying it.

The act of January 16, 1843, does not prohibit judges of probate from calling upon administrators to exhibit their accounts and show their actings and doings in the administration, even without the application of an interested party; but except upon such application, an administrator cannot be called upon to render and settle his accounts.

This proceeding was commenced in the probate court of Harris county, by the judge ordering a notice to be served upon the appellee, as administrator of Humphreys, to appear and make a showing of the manner in which he had administered the estate; and also his final account of the administration.

The administrator appeared in terms of the notice and moved to discharge the rule, because the proceeding was not instituted upon the petition of any person contemplated by the statute. The judge overruled the motion, and the administrator appealed to the district court. The district court, upon the hearing, reversed the decision of the probate court, and the judge of that court appealed from the decision to this court.

J. W. Henderson, for appellant, cited the 13th sec. of the general probate law (vol. 4, p. 119) as to the power of probate courts to enforce the performance of the duties of administrators. He also cited the case of Power et al. v. Fowler, Dall. Dig. 401.C. W. Buckley, for appellee, cited the act of 16th January, 1843, “to amend the existing laws in relation to proceedings in courts of probate.” Acts 7th Congress, p. 29.

LIPSCOMB, J.

This is an appeal from the decision of the district court of Harris county reversing the judgment of the probate judge in the matter of the administration of E. Humphreys. The probate judge on the the 3d day of March, 1843, caused a summons to be issued to C. W. Buckley, administrator of the estate of E. Humphreys; the order is in the words following:

“ESTATE OF HUMPHREYS v. C. W. BUCKLEY.

It is ordered by the court that a summons issue requiring the administrator, C. W. Buckley, to be and appear at the next term of this court, and make a showing of the manner in which he has administered the said estate; also to make his final account of his administration.” The administrator appeared and resisted the order, on the ground that the call was not made according to the provisions of...