Balfour v. Collins
In Balfour v. Collins, 119 Tex. 122, 25 S.W.2d 804 (1930), Collins filed an application in Dallam County to become temporary administrator of an estate.
After Collins was appointed temporary administrator, Balfour was appointed temporary administrator of the same estate, but in Oldham County. Id.
The court concluded Collins could not qualify to be an administrator in Dallam County, and Oldham County had venue over the estate because Balfour could qualify as an administrator in that county. Id. at 806-07.
But the court stated, "Of course the Oldham county court cannot appoint an administer at all until the previous probate proceedings in Dallam county are disposed of." Id. at 807.