Manning v. Sammons

OPINION

MASSEY, Chief Justice.

Suit in the trial court was by Gertrude O. Sammons Manning and her husband for declaratory judgment. The defendant was Ed E. Sammons, both individually and as Independent Executor of the Estate of Mrs. Lee James. Mrs. James died November 16, 1960. The plaintiffs sought a determination that Mrs. Manning owned a one-quarter undivided interest in the estate of the deceased. Said estate consisted of both realty and personalty.

The defendant sought and obtained a summary judgment upon one or both of two theories; that under the undisputed facts it was conclusive that…