SMALL v. SMALL

No. 17537.

464 S.W.2d 734 (1971)

Joan SMALL, Administratrix of the Estate of V. Houston Small, Deceased, Appellant, v. Glades Dampier SMALL, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 5, 1971.


Attorney(s) appearing for the Case

Arthur G. Schroeder, Jr., Schroeder, Guest & Hoffmeyer, Dallas, for appellant.

Jerry W. Biesel, Dallas, for appellee.


CLAUDE WILLIAMS, Chief Justice.

Glades Dampier Small brought this action against the estate of V. Houston Small, deceased, seeking to recover judgment for the principal and interest on two promissory notes. The suit was first dismissed upon the administratrix' contention, inter alia, that a valid claim had not been presented in accordance with Section 310 of the Texas Probate Code, V.A.T.S. On appeal it was held that the claim filed in the probate

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