Cocke v. Birr.

This cause is before the Supreme Court on certified questions from the Court of Civil Appeals for the Fifth District at Dallas. It is an aftermath of Cocke v. Smith, District Clerk, (Supreme Court, this volume 396, 179 S. W. (2d) 954. We will later refer to the case just cited and our opinion therein. The following are the facts concerning- this case:

Mamie A. Grubbs died leaving a written will. This will bequeathed all of testatrix’s property to her sister, Josie Birr, and named Chas. M. Cocke as independent executor thereof. Co.cke, in due time, filed this will for probate in the County…