Ford v. Roberts

BATEMAN, Justice.

This case turns on the applicability vel non of Tex.Rev.Civ.Stat.Ann., art. 3716 (1926), commonly known as the “Dead Man’s Statute,” to testimony offered by appellant concerning transactions between him and appellee’s testator. Appellant sued in trespass to try title, and for partition of real estate, to impose a constructive trust on an undivided one-fourth interest in certain land in Dallas County. In a non-jury trial judgment was rendered against appellant.

*131Aubrey J. Roberts died June 25, 1968, and appellee qualified as independent executrix of his estate on August 26, 1968.