Summers v. Butler

DIXON, Chief Justice.

This is an appeal from a summary judgment rendered in the District Court on an appeal of the Probate Court’s order granting a widow’s allowance. See 248 S.W.2d 227 and 151 Tex. 618, 253 S.W.2d 418 for opinions by this Court and the Supreme Court in a previous appeal.

The undisputed facts are that appellant, surviving widow of J. A. Summers, deceased, and administratrix of »his estate, sold 11 acres of land belonging to the estate. The land consisted of two adjoining tracts, one of 10 acres, the other of one acre. The 10-acre tract was subject to a mortgage of approximately…