Cook v. Hunter

WILSON, Justice.

Appellant as independent executor of the deceased wife’s estate sought a money judgment against the administrator of the deceased husband’s estate, alleging prior presentation to and rejection of the executor’s claim by the administrator. The “claim” is alleged to be for one-half of the amount of a dormant bank savings account discovered and paid to the administrator by the bank during administration. (The parties have conducted previous similar litigation in the same court. See Hunter v. Cook, Tex.Civ.App., 375 S.W.2d 574, writ dism.).

The trial court dismissed the suit for…