Gordy v. Alexander

ON MOTION FOR REHEARING

ELLIS, Chief Justice.

Our opinion issued on March 23, 1977, is withdrawn, and the following opinion, issued subsequently to appellees’ motion for rehearing, is substituted therefor.

Jean Reece Gordy brought this suit to impose a constructive trust on the assets of the estate of Evelyn Howe, deceased. The district court sustained the defendant’s plea in abatement and dismissed the suit. In her appeal, Gordy has challenged the propriety of the trial court’s action in dismissing the cause and rendering final judgment that she take nothing in this suit. Reversed and remanded.

T…