Oliver Wendell Holmes, Jr.

“ The supreme court holds in this case that on the death of the wife, the husband, if surviving, is entitled to settle the affairs of the community, and that, on his death, his executor is the proper administrator of the same. ”

“ Francisco Enriquez was the only representative of the estate. The only practicable means of collecting the debt was by suit against him. The record of the suit that was brought most frequently refers to him as executor, but at times as executor and administrator; and the supreme court says that, as matter of law, the suit was directed against him in the latter as well as the former capacity. The judgment must be taken to have bound the community estate. ”

“ There is no question that every consideration of justice is in favor of the defendants, from whom the plaintiffs are endeavoring to get back the land without restitution of the purchase price, and after the last purchaser has made costly improvements. ”