SMITH v. SMITH

No. 3086.

257 S.W.2d 335 (1953)

SMITH et al. v. SMITH.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 7, 1953.


Attorney(s) appearing for the Case

Merrill & Scott, Houston, for appellants.

Vinson, Elkins, Weems & Searls, Houston, for appellee.


McDONALD, Chief Justice.

This is an appeal involving conflicting claims of the parties to be appointed to administer the estate of F. C. Smith, deceased. Appellants claim this right as surviving brother and sister, while Appellee claims the right as surviving common law wife. Appellee was, over objection, permitted to testify as to her agreement with deceased to live as man and wife, and to other transactions between herself and the deceased. The Trial Court overruled...

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