HAMILTON v. CALVERT

No. 9922.

235 S.W.2d 453 (1950)

HAMILTON et al. v. CALVERT et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied January 10, 1951.


Attorney(s) appearing for the Case

Coke & Coke, by Walter B. Branan, Arthur Hamilton, all of Dallas, for appellant.

Price Daniel, Atty. Gen., W. V. Geppert and Marietta Creel, Asst. Attys. Gen., for appellee.


HUGHES, Justice.

This is an inheritance tax case in which appellant Arthur Hamilton claims that he falls in preference Class A, Art. 7118, Vernon's Ann.Civ.St., as a "* * * direct lineal descendant of * * * wife," even though decedent and appellant's mother were divorced at the time of decedent's death.

The stipulated facts show:

Otis Phillips, Sr., the decedent, married Clevy Hamilton in 1912 and they lived together as husband and wife until shortly...

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