Freeman v. Freeman

This case originated in the probate court of Harris County. Respondent filed an application for probate of the will of Exa M. Boyle. Petitioners filed a contest of the application. The probate judge, after a trial of the issues made by the pleadings, admitted the will to probate. Petitioners perfected their appeal to the district court by filing therein on November 7, 1957, the transcript required by Rule 334, Texas Rules of Civil Procedure.

On December 9, 1957, on motion of petitioners, a default judgment was rendered and entered by the district court sustaining the contest to the application…