Smith v. Patton

The nature and result of this litigation have been admirably stated by the Court of Civil Appeals as follows:'

“This suit was instituted by Ben W. Smith, and after his death, pendente lite, prosecuted by his executrix, against A. C. Patton, independent executor of the estate of Dr. E. G. Patton, and against said A. C. Patton and O. H. Patton, residuary legatees under the will individually. The petition, which was an amended one, asserted, as against the estate of Dr. E. G. Patton, an agreement, on the part of Dr. Patton, grounded upon a valuable consideration, to bequeath Ben W. Smith $10,000…