Court of Civil Appeals of Texas, 1918

Jones v. Frazier

Jones v. Frazier
Court of Civil Appeals of Texas · Decided January 10, 1918 · Pleasants
201 S.W. 445; 1918 Tex. App. LEXIS 160 (South Western Reporter)

Jones v. Frazier

Opinion of the Court

PLEASANTS, C. J.

This proceeding was begun in the county court of Galveston county by a petition filed therein by .appellee against appellant, administratrix of the estate of .Albert Cole, deceased, to require her, as such administratrix, to turn, over to petitioner one-half of the sum of $421, which at the date of the death of Albert Cole was on deposit in his name in the First National Bank of Galveston, and had been withdrawn therefrom by appellant after her appointment as temporary admin-istratrix.' The petitioner claimed that said money was community funds earned by the deceased while he was the lawful husband of petitioner, omj one-half thereof belonged to petitioner, who was divorced from said Cole some time prior to his death, the property rights of petitioner not being involved in the divorce suit nor attempted to be disposed of in the divorce decree. Upon a trial in the county court judgment was rendered in favor of the defendant administratrix. On appeal and trial de novo in the district court judgment was rendered in favor of ap-pellee for one-half of the fund involved in the suit.

We think the record sustains the finding of the trial court that appellee owned one-half of the fund in controversy, and there is nothing in the record to indicate that the interest of appellee was liable for any debts contracted by her former husband during the existence of the marital relation. Upon these facts the trial court correctly held that ap-pellee was entitled to a judgment for her interest in the fund.

None of the assignments presented in appellant’s brief shows any sufficient ground for a reversal of the judgment, and none of them can be sustained.

It follows that the judgment of the court below should be affirmed; and it has beeD so ordered.

Affirmed.

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