Mosells Silvey Pitner v. United States

WISDOM, Circuit Judge:

The plaintiffs, describing themselves as “custodians, next of kin and beneficiaries of the estate of J. E. Sexton, deceased”, sue the United States to recover $75,848.19 in estate taxes. Sexton’s will was not probated and there was no formal administration of the estate. The plaintiffs had established their rights to Sexton’s estate through litigation based on Sexton’s oral agreement with his brother to make mutual wills in favor of the plaintiffs. The plaintiffs contend that the effect of the litigation was to probate the will in the district court; that under Texas law…