[Download] "Trinity Universal Insurance Company and Ralph W. Currie v. Millard L. Drake" by Fifth District, Dallas Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Trinity Universal Insurance Company and Ralph W. Currie v. Millard L. Drake
- Author : Fifth District, Dallas Court of Civil Appeals of Texas
- Release Date : January 31, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This is a sequel to a dispute concerning the payment of attorneys fees from the Estate of Eugene Duncan. This is the fourth appeal concerning this estate and a brief background is necessary to fully understand the issues presented by this appeal. In 1968, Elizabeth Holt was appointed administratrix of the Duncan estate in Texas. In New Hampshire, appellee, Millard Drake, was appointed executor of the Duncan estate under Duncans will which was probated in New Hampshire. Appellee attempted to have the New Hampshire will admitted to probate in Texas as a foreign will and to have Holt removed as administratrix, but Holt resisted appellees efforts. Holt hired Currie, an attorney in Texas, to resist the application to probate the New Hampshire will in Texas. The trial court admitted the will to probate, but Holt appealed, and the Eastland Court of Civil Appeals reversed and remanded the cause on the ground that evidence was admitted in contravention of the Dead Mans Statute. Holt v. Drake, 505 S.W.2d 650 (Tex.Civ.App. Eastland 1973, no writ). On remand in 1976, Duncans will was admitted to probate in Texas, and Holt was removed as administratrix.