CRAMER, Justice.
This suit was filed on the 12th day of April, 1949, by appellees, children of Mildred Joyce Cate and Hugh C. Cate, both deceased, against Madge Walden Cate, the second wife and present widow of Hugh C. Cate, deceased, and thereafter continued pending result of the case between the same parties reported in Tex.Civ.App.,
The first count was in trespass...
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