Court of Appeals of Texas February 23, 1972, No. 11888 (Miller v. Hathaway)

SHANNON, Justice.

Appellants, M. E. Miller and wife, Littie Miller, filed a declaratory judgment suit in the District Court of Runnels County seeking the construction of a will and codicil executed by Nora McCaughan, a widow, to entitle M. E. Miller to the sum of $5,654.14, which sum was tendered to the District Clerk by the Independent Executor of the estate of Nora McCaughan.