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SUMARUK v. TODD

No. 1064.

560 S.W.2d 141 (1977)

Walentina SUMARUK, Appellant, v. John H. TODD, Independent Executor of the Estate of H. B. Thomson, Deceased, Appellee.

Court of Civil Appeals of Texas, Tyler.

December 1, 1977.

Attorney(s) appearing for the Case

C. Thomas Wesner, Jr., Wynne & Jaffe, Dallas, for appellant.

David N. Kitner, Strasburger, Price, Kelton, Martin & Unis, Rowland B. Foster, Dallas, for appellee.

MOORE, Justice.

This is an appeal from a summary judgment. Plaintiff John H. Todd, independent executor of the estate of H. B. Thomson, deceased, brought suit to recover the outstanding amount of a purported $30,000 loan given by the deceased to defendant, Walentina Sumaruk, his former nurse. Defendant answered with a plea to the jurisdiction and affirmatively alleged that the $30,000 amounted to an outright gift or, alternatively, a loan to be extinguished upon the...

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