Thomas v. Earnest

LEE, Circuit Judge.

Plaintiff, the executor of the Estate of Joseph Earnest (hereinafter referred to as “present decedent”), who died testate in Texas, on October 10, 1940, brought this suit to recover $3,150.55, plus interest, by which amount he allegedly overpaid the tax on the said estate. Present decedent’s wife, Helen Katherine Earnest (hereinafter referred to as “prior decedent”), who died on September 17, 1938, bequeathed one half of her share of the community estate, less certain small specific bequests, to present decedent. Without any formal administration of the prior decedent’s…