Laws Passed by the Eighth Congress of the Republic of Texas. Page: 66
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66
or, or administratrix, or guardian, where all the heirs are
minors, and have such guardian, after full proof of the existence
of such bond, obligation, or contract, in writing, and
upon satisfactory evidence, that a compliance with the requirements
of said bond, obligation, or contract, would be
beneficial to the interests of said estate, to decree, that the
person, thus applying, shall fully comply with the same, and
any deed, or tender of deed, made, under such decree, shall
be as valid, and binding, as if it had been made or tendered
by the testator, or intestate, himself.
SEC. 3. Be it further enacted, That such bond or contract.
thus complied with or tendered to be complied with, shall
exonerate the estate from all liability, or responsibility, on
such instrument, and the Probate Court shall take possession
of such instrument of writing, and file it among the papers of
the court, and where the same is complied with, it shall be
cancelled by the Probate Judge, and all the testimony heard
under the second section of this act, shall be taken down in
writing, signed by each of the witnesses, and preserved
among the records of the Court: provided, that minors and
all persons laboring under disabilities, recognized by the
statute of lin itations, shall have three years atier such disabilities
are removed, to set aside all deeds, or judgments,
made by virtue of this act, for fraud, covin, and collusion, or
any other causes that should vitiate the same.
SEC. 4. Be it further enacted, That when bonds, or obligations,
are outstanding against any deceased person, for the
conveyance of lands, suits may be brought in the District
Courts, against the executor, administrator, or guardian, (as
the case may be,) and upon full proof being made of the justness
of the same, the Courts shall decree a title, in favor of
the heirs of said estate, or wards, (as the case may be,) and
such title shall he as good as if. made by the original obligor.
SEC. 5. Be it further enacted, That executors, administrators,
or guardians, may bring and sustain all actions for the
recovery'of titles upon such bonds, obligations, or contracts,
and all actions necessary to recover the possession of lands,
which are held by any person, or persons, adversely to the
estate which he represents; and this act shall be in full force
from and after its passage.
Approved, February 2d, 1844.
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Texas (Republic). Eighth Congress. Laws Passed by the Eighth Congress of the Republic of Texas., book, 1844; Houston, Texas. (https://texashistory.unt.edu/ark:/67531/metapth45348/m1/66/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .