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BOOTH v. MERCHANTS NAT. BANK OF BROWNSVILLE, TEX.

No. 8714.

100 F.2d 478 (1938)

BOOTH v. MERCHANTS NAT. BANK OF BROWNSVILLE, TEX., et al.

Circuit Court of Appeals, Fifth Circuit.

December 29, 1938.

Attorney(s) appearing for the Case

F. W. Seabury, of Brownsville, Tex., and James Q. Louthan, of San Benito, Tex., for appellant.

F. T. Graham, of Brownsville, Tex., for appellees.

Before HOLMES and McCORD, Circuit Judges, and DEAVER, District Judge.

HOLMES, Circuit Judge.

The appellant is a devisee under the will of F. N. Booth, deceased. One of the appellees, Merchants National Bank of Brownsville, was named as executor in a codicil of said will. On April 10, 1930, the will and codicil were admitted to probate by the County Court of Cameron County, Texas, and on the same day, pursuant to an order of court, the bank duly qualified as executor, took possession of the assets which had belonged to the deceased,...

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