Holt v. Drake

WALTER, Justice.

Millard L. Drake, Executor, probated the will of Eugene Dixon Duncan in the State of New Hampshire. Elizabeth Holt was appointed administratrix of the estate of Eugene Dixon Duncan in the probate court of Dallas County, Texas. Duncan’s will was admitted to probate as a foreign will under Section 105, Texas Probate Code, V.A.T.S. Mrs. Holt has appealed.

She contends the Executor failed to secure a finding from the jury that Duncan was domiciled in Chester, New Hampshire, at the time of his death. Special Issue No. 1 and the jury’s answer thereto is as follows:

“SPECIAL ISSUE NO. 1