McCAIN v. GIERSCH

No. 9252.

112 F.2d 70 (1940)

McCAIN et al. v. GIERSCH et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1940.


Attorney(s) appearing for the Case

Albert P. Jones, of Houston, Tex., for appellants.

Gordon Oliver McGehee, Jesse J. Lee, Fred L. Williams, and J. R. Hill, all of Houston, Tex., for appellees.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


FOSTER, Circuit Judge.

This case presents a contest between a mother, Mrs. Mary L. Giersch, appellee, a married woman, and five of her seven major children, J. A. McCain, J. C. McCain, N. L. McCain, Mrs. Vera Havard, and Mrs. Maud Culver, by a previous marriage, appellants, over the proceeds of the mother's separate real property. The other two children, Wallace and Rita, are not parties to the suit and make no claim against their mother.

Appellee, one of...

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