Seale v. Muse

WILLIAMS, Justice.

Summary judgment proceedings. Rule 166-A, Texas Rules of Civil Procedure. Since this appeal involves the propriety of the action of the trial court on motions for summary judgment it becomes necessary to review the pleadings, motions and supporting affidavits which were before the court at the time of the rendition of final judgment.

Plaintiff, Gwendolyn Gage Seale (hereinafter referred to as Seale) filed her original petition containing the following pertinent allegations: That prior to May 26th, 1954 Robert C. Newcomb was engaged in a contest concerning the will of his…