White v. White

HALE, Justice.

M. M. White, joined by six of his brothers and sisters, instituted this suit in the county court of Navarro county on September 28, 1938, against their brother, S. E. White, individually and as independent executor of the estate of Rachel E. White for the purpose of contesting the validity of the will of their deceased mother theretofore duly admitted to probate. The defendant answered with a plea in abatement, asserting that the matters attempted to be litigated had been finally concluded by reason of prior proceedings had between the same parties in a partition suit in the…