Martinez v. Martinez

FLY, Associate Justice.

On April 23, 1896, appellant and Modesta Martinez, who afterwards withdrew from the suit, filed their application for probate of a nuncupative will alleged to have been made by Eusebio Martinez, the brother of applicants. It was alleged that deceased left surviving him no child or children, but left a wife, Margarita de Martinez, who was claiming all the property. The death of Eusebio Martinez was alleged to have taken place on November 23, 1895. On March 29, 1897, an amended application for probate of the will was filed by appellant, in which it was alleged “that…