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POWELL v. HARTNETT

No. 4771.

521 S.W.2d 896 (1975)

Timothy R. POWELL, Appellant, v. James J. HARTNETT, Successor Administrator, Appellee.

Court of Civil Appeals of Texas, Eastland.

March 14, 1975.

Attorney(s) appearing for the Case

Pat F. Beadle, Clarksville, for appellant.

J. Glenn Turner, Jr., Turner, Hitchins, McInerney, Webb & Hartnett, Dallas, for appellee.

BROWN, Justice.

The predecessor of James J. Hartnett, Successor Administrator of the estate of Jerry A. Jackson, Deceased, filed a motion requiring Timothy R. Powell to appear and show cause why he should not be required to deliver certain money in his possession alleged to be the property of the decedent to the administrator of the estate.

Powell contended in his plea in abatement that the monies were subject to the exclusive possession and control of the...

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