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GAMBILL v. MATHES

No. 18037.

490 S.W.2d 863 (1973)

Judge GAMBILL, Independent Executor of the Estate of Charles R. Mathes, Deceased, Appellant, v. Mary Baker MATHES, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 22, 1973.

Attorney(s) appearing for the Case

Judge Gambill, Morgan, Gambill & Owen, Fort Worth, for appellant.

Marvin Thomas, Dallas, for appellee.

GUITTARD, Justice.

In this appeal from an order overruling a plea of privilege our question is whether the proof establishes that the estate of Charles R. Mathes, deceased, is being "administered" in Dallas County within Vernon's Tex.Rev.Civ.Stat.Ann. art. 1995, subdv. 6, which provides:

"If the suit is against an executor, administrator or guardian, as such, to establish a money demand against the estate which he represents, the suit may be brought in the...

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