Small v. Small

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiff Glades Small, from a judgment of the 134th District Court, dismissing her cause of action on a claim against defendant estate.

Both plaintiff and defendant were formerly married to the deceased, V. Houston Small. While married to plaintiff, deceased executed two notes payable to plaintiff in the amount of $3,000. each.

On June 14, 1965 plaintiff filed claim for the $6,000. against deceased’s estate in the Probate Court. Such claim was not authenticated as required by Section 301 of the Probate Code, V.A.T.S., 1 but the then…