Batten v. Batten

BELL, Chief Justice.

This is an appeal from a judgment declaring that R. P. Batten held a one-half interest in a 61 acre tract of land in Brazos County in trust for the heirs of Mrs. *396Florence Grice Batten under a constructive trust. Actually, since R. P. Batten was an heir and there were nine brothers and sisters including himself, he would, if appel-lees are correct, hold ½8⅛ individually and %8ths as trustee.

R. N. Batten and wife Florence owned the 61 acre tract as community property. R. N. Batten died intestate in 1924. Surviving him were his wife and nine children, to wit: R. P., W. L.,…