Martin v. De La Garza

On original disposition this court reversed the judgment upon the conclusion that there was no evidence raising the issue upon which the judgment below was predicated. Upon rehearing we have very carefully reconsidered and analyzed the evidence, and have reached the conclusion that we were in error in the holding mentioned.

We reiterate the statement made in the original opinion, that “Appellee conceded, by affirmative pleadings to that effect, that he was a member of decedent’s family and household ; that he was a nephew and godson of decedent, and that a ‘great love and affection’ existed…