Pruner v. Lovejoy

On Rehearing

McDONALD, Chief Justice.

Appellees have filed two very able motions for rehearing in this cause. This court did not decide this cause under the new probate code, but on the contrary it is our view that the law applicable prior to the effective date of the new probate code is applicable. Under such law it is our view that a person asserting that an advancement was made has the burden of pleading and proving such fact. Rutherford v. Deaver, Tex.Com.App., 235 S.W. 853; Irwin v. Irwin, Tex.Civ.App., 300 S.W.2d 199 (no writ history); Interpretative Commentary, p. 161, Vol. 17A, Probate…