Russell v. Dobbs

WALKER, Justice.

This action was brought by E. M. Russell and P. L. Allen, petitioners, against Alma Dobbs, Administratrix of the Estate of J. A. Dobbs, deceased, respondent, to establish a claim against the Estate. The claim was not presented to the Administratrix in person but was deposited with the County Clerk on August 24, 1957, as authorized by Section 308 of the Texas Probate Code. 1 It was never formally allowed or rejected by the Administratrix, and this suit was instituted on June 10, 1958.

In response to the three special issues submitted, the jury found: (1) that the attorney for…