RUBIOLO v. McNEES

No. 5223.

301 S.W.2d 483 (1957)

Mrs. Adel RUBIOLO et vir, Appellants, v. John E. McNEES, Executor of the Estate of Mary Mulfinger, Deceased, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied May 1, 1957.


Attorney(s) appearing for the Case

T. P. Hull, James L. Drought, San Antonio, for appellants.

Morriss, Morriss, Boatwright & Lewis, San Antonio, for appellee.


FRASER, Justice.

This case, although styled a will contest by appellant, is actually an attempt to contest a will, in that plaintiff sought to establish her status as an adopted daughter of a Mrs. Mulfinger, now deceased, and as such, undertook to contest decedent's will.

The case was appealed from County Court and tried in District Court to a jury. Only two issues were submitted to the jury, which were as follows:

Question 1: "Do you find from a...

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