State v. Abernathy

DENTON, Chief Justice.

This is a suit filed by F. B. Abernathy in his personal capacity in the probate court as a claim against the Estate of John Dukes, deceased. The State of Texas contested the claim as an interested person under the provision of the Texas Probate Code. From an order by the probate court allowing the claim of Abernathy as a gift causa mortis, the State appealed to the district court. The district court, by agreement, withdrew the case from the jury and entered judgment for the claimant.

John Dukes was an elderly man who lived alone. He died on November 8, 1966 and left no…