Deane v. Driscoll

In Deane v. Driscoll, 56 S.W.2d 503 (Tex.Civ.App.--San Antonio 1933, writ dismissed), the court addressed whether an independent executor's failure to file a claim within the period prescribed by article 3526 of the Revised Civil Statutes (1925) bars the claim. Article 3526 is progenitor to, and is worded nearly identically to, today's 317, quoted above. The San Antonio court concluded that the probate court has no authority to approve or disapprove independent executor claims, and any action the probate court might take would be futile; therefore, "no purpose would be served by requiring such claims be filed in the probate court." Id. at 504. Thus, because independent executors are not required to file their claims in the probate court, the court held that article 3526's six-month limitation provision is inapplicable to those claims. Id.