Davenport v. Lawrence (19 Tex. 317, 1857)

Roberts, J.

The question made by the parties in this case, is, can a creditor, who petitions for a pro rata distribution of the funds in the hands of the administrator, increase that fund, by attacking the accounts and charges made by the administrator as expenses of administration and extra-compensation, which have been previously set forth by the administrator in his annual exhibits.

’ The appellant filed his petition for a distribution, and therein specified the items of account and charges, as contained in the annual exhibits of Lawrence, as administrator, to which he objected ; and prayed that Lawrence might be cited to appear and show cause why the same should not be disallowed, and that he be required to distribute the amount found to be in his hands. Upon this petition, Lawrence was cited, and made an additional exhibit, shewing a balance in his hands of $775 92; consented to the distribution of the same ; excepted to the further proceeding attempted, and denied the allegations of petition. The Court, after considering the objections determined the amount in his hands to be the sum of $2,081 95-100, and ordered the same to be distributed. From which judgment and order Lawrence took an appeal to the District Court. There appellant amended his petition, and in addition to a repetition of his objections to the charges, stated that the estate was insolvent, and asked that the “ proceeding against the estate may be prosecuted by him for the benefit of all the creditors,”