The Dallas Journal, Volume 53, 2007 Page: 76
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Henry Pollack Trunk Company
Drukker, Mrs. Evelyn Asinof and Mrs. Gertrude Susman (Suchman) failed to perfect and further prosecute
their appeal; and those contestants who failed to appear and answer, and who made default took no action
whatsoever in such appeal.
By notation on the docket and by order duly made and entered upon the minutes of this court, of date
May 5, 1941 the firm of Touchstone, Wight, Gormley and Touchstone withdrew as attorneys for said
contestants, Bernard Sam Freefield, Mrs. Esther Hirsch, Henry A. Freefield and Mrs. Della Rose, but
continued to represent said contestants, Mrs. Lottie Hart and Joseph Pollack, and Mr. J. L. Goggans then
appeared as attorney of record for said contestants, Bernard Sam Freefield, Mrs. Esther Hirsch, Henry A.
Freefield and Mrs. Della Rose.
Thereupon the proponent, Mrs. Walula Pollack, appeared in person and by her said attorney of record,
said contestants, Mrs. Lottie Hart and Joseph Pollack appeared by their said attorneys of record, and said
contestants, Bernard Sam Freefield, Mrs. Esther Hirsch, Henry A. Freefield and Mrs. Delia Rose appeared
by their said attorney of record, said contestants Charles Pollack, Mrs. Hannah Goodman, Paul Drukker,
Mrs. Evelyn Asinof and Mrs. Gertrude Susman (Suchman) who appeared and participated in the contest of
said application for and the contest of decedent's will in the Probate Court, came not to further urge such
contest in this court, and the other named contestants who failed to appear but made default in the trial of
said cause in said Probate Court, though duly cited in the manner and for the length of time required by
law, including personal service, as hereinbefore stated, came not but wholly made default in this court, and
all parties being legally before the court, those named above who actually appeared in person or by
attorney, or both, announced ready for trial.
A jury having been demanded by certain of the contestants, said cause stood regularly for trial de
novo, to a jury, on the docket of this Court, whereupon came a jury of good and lawful men, to-wit: Sam
Marks and eleven others, all citizens of Dallas County, Texas, an all duly qualified to serve as jurors in the
trial of this cause.
As the trial of said cause began, and before the selection of a jury, Mr. John Touchstone, a member of
said firm of attorneys of record for the contestants, Mrs. Lottie Hart and Joseph Pollack, and Mr. J. L.
Goggans, attorney of record for contestants Bernard Sam Freefield, Mrs. Esther Hirsch, Henry A. Freefield
and Mrs. Della Rose, stated to the court and to counsel for proponent, in open court, that they and their
respective clients would not further oppose the application for and the admission to probate of the
instrument in question as the last will and testament of decedent, following which the proponent presented
her pleadings and adduced evidence in support thereof, to and before the court and jury, which evidence
was wholly undisputed and unchallenged, and during which entire proceedings said attorneys were present
in person in the court room where the trial of said cause was in progress, and witnessed such proceeding
without presenting any pleadings, interrogating any witnesses, offering any testimony or making any
comment on or objection to such proceedings.
Upon conclusion of the evidence offered by the proponent, proponent made a motion to the court to
instruct the jury to return a verdict that the instrument in evidence dated
November 1, 1934, and then offered for probate, was the last will and testament of Henry Pollack,
deceased, which motion the court granted, and instructed the jury (omitting foreman parts) as follows:
"The Court having heard the pleadings and the evidence and the petitioner having
made a motion for an instructed verdict, the Court is of the opinion that
petitioner's application should be granted and the instrument offered for probate
should be admitted to probate as the last will and testament of Henry Pollack, and
you are instructed to return a verdict finding that the instrument offered is the last
76 Dallas Journal 2007
Dallas Journal 2007
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Dallas Genealogical Society. The Dallas Journal, Volume 53, 2007, periodical, October 2007; Dallas, Texas. (texashistory.unt.edu/ark:/67531/metapth186866/m1/80/: accessed February 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Dallas Genealogical Society.