Texas Supreme Court December 14, 1955, A-5311 (McCain v. Yost)

Mr. Justice Smith

delivered the opinion of the Court.

This suit filed by respondent in her capacity as Temporary Administratrix of the Estate of Lilliard Russell McCain, deceased, against petitioner and others not necessary to mention, evolved into a contest as to whether the respondent-plaintiff or the petitioner-defendant was entitled to the $1,000.