Adams v. Barry

STEAKLEY, Justice.

The question here is whether proffered testimony in support of the probate of an alleged lost will was properly excluded by the trial court pursuant to Article 3716, Tex.Rev.Civ.Stat., commonly called the Dead Man’s Statute.

George H. Adams died in 1973 and a will executed by him on July 31, 1968 was admitted to probate. A brother, Julius 0. Adams, was the named beneficiary; and an attorney, Robert F. Salter, was named independent executor. Sometime later, this suit was filed by Miss Victoria V. Barry, Respondent, to set aside the earlier probate of the 1968 will, and to…