Martin v. McAdams, 87 Tex. 227, distinguished. Simon v. Middleton, 51 Texas Civ. App. 543[ 51 Tex. Civ. App. 543]; Grelle v. Grelle, 206 S.W. 114; and Byrnes v. Curtin, 208 S.W. 407, overruled. (Pp. 80-82.)
"In actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them as such, neither party shall be allowed to testify against the others as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party; and the provisions of this article shall extend to and include all actions by or against the heirs or legal representatives of a decedent arising out of any transaction with such decedent." The first question we will consider is the point, made in the brief and argument for appellants, that the statute does not apply to this case; for the support of which proposition, appellants cited Simon v. Middleton, 51 Tex. Civ. App. 543, 112 S.W. 441, and Grelle v. Grelle, 206 S.W. 114. The question is set at rest, and discussion by us rendered unnecessary, by the recent decision of the Supreme Court in Leahy v. Timon, decided October 29, 1919, 215 S.W. 951, but not yet officially réported.