Estate of Watson, in Re

ROBERTSON, Justice.

This case involves interpretation of the scope of TEX.REV.CIV.STAT.ANN. art. 3716 (Vernon 1926) (now amended in Rule 601(b), TEX.R.EVIDENCE), “the Dead Man’s Statute,” with respect to letters written by the decedent to the proponent of a will in a will contest case.

Edna S. Watson died testate, and her will was admitted to probate. The will named her sister, Irma S. Rozelle, as independent executrix as well as primary beneficiary to the substantial exclusion of other heirs. Thus, respondents A. Merrill Smith and the other heirs at law brought this contest alleging (1) lack…