Gustav Tolle v. Herman Tolle

This is a certified question. Herman Tolle made application in the County Court of Comal County, sitting for probate purposes, for letters of administration upon the estate of Emil Tolle, deceased. The application was contested by Gustav Tolle. The County Court granted the letters an 4 Gustav appealed to the District Court. When the case was called for trial in the latter court Gustav demanded a jury, which was denied' him. The trial again resulted in the grant of letters. The contestant appealed to_ the Court of Civil Appeals and assigned as error the action of the District Court in denying…