CECIL v. SMITH

No. 12-89-00044-CV.

790 S.W.2d 709 (1990)

Mildred CECIL, Appellant, v. Charles Madison SMITH, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled June 18, 1990.


Attorney(s) appearing for the Case

M. Keith Dollahite, Potter, Guinn, Minton, Roberts & Davis, P.C., Tyler, Michael G. George, Bateman & George, Athens, for appellant.

James A. Attaway, Jr., Quitman, for appellee.


COLLEY, Justice.

In this case, plaintiff/appellant Mildred Cecil (hereinafter Cecil) seeks to set aside a warranty deed that was allegedly delivered by her mother, Martha L. Wisdom (hereinafter called Decedent), to her brother, defendant/appellee Charles Madison Smith (hereinafter Smith). Smith, as independent executor of the estate of Decedent, seeks to recover possession for the estate of funds alleged to be wrongfully held by Cecil.

It is appropriate to...

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