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DIEHL v. UNITED STATES

No. 29022.

438 F.2d 705 (1971)

Kent B. DIEHL, Sr., et al., Plaintiffs, Beth Koehler Diehl, Individually, etc., et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 18, 1971.

Attorney(s) appearing for the Case

Dougal C. Pope, Donald G. Ritter, Houston, Tex., for plaintiffs-appellants.

Johnnie M. Walters, Lee A. Jackson, Asst. Attys. Gen., Tax Division, U. S. Dept. of Justice, Washington, D. C., Crombie J. D. Garrett, Ann E. Belanger. Attys., Dept. of Justice, Tax Div., Washington, D. C., Jerry Wells, Tax Div., Dept. of Justice, Fort Worth, Tex., Charles K. Ruth, Asst. U. S. Atty., Beaumont, Tex., for defendant-appellee; Roby Hadden, U. S. Atty., of counsel.

Before COLEMAN, INGRAHAM, and WILKEY, Circuit Judges.

COLEMAN, Circuit Judge:

This appeal presents three questions: (1) whether Mrs. Beth Koehler Diehl was estopped in the State of Texas from claiming to be the lawful widow of Kent B. Diehl, deceased; (2) whether her appointment as independent executrix of Diehl's estate by the County Court of Harris County, Texas, was void; and (3) whether either she as independent executrix, or a temporary administrator subsequently appointed, could be substituted as party plaintiff...

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