Clayton v. Clayton

*567This is an original proceeding for a Writ of Prohibition to prohibit Frank Clayton and several others from prosecuting an attempted appeal by way of cer-tiorari from a judgment of the County Court to the District Court of Gregg County, Texas. A history of the case is necessary.

Matilda C. Clayton died in Gregg County, Texas, on December 26, 1955. On January 4, 1956, one Rufus Williams filed an instrument for probate in the County Court of Gregg County, Texas, purporting to be the last will and testament of Matilda C. Clayton in which he, Rufus Williams, was appointed independent executor…