Minnie Bartels, Administratrix of Estate of Henry F. Bartels, Deceased, Appellee, v. Donald McGarvey, Appellant.

Term No. 45M3.

Heard in this court at the May term, 1945;

opinion filed October 26, 1945;

released for publication November 27, 1945.

Green & Hoagland, for appellant; Kenneth F. Kelly, of counsel; Harold J. Bandy and Ogle E. Veach, for appellee.

Opinion by

Justice Bartley.

Not to be published in full.