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McFARLAND v. PHILLIPS

No. 15385.

253 S.W.2d 953 (1952)

McFARLAND v. PHILLIPS et al.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 9, 1953.

Attorney(s) appearing for the Case

Sanford, King, Estes & Cantwell, of Dallas, for appellant, Lottie Lou McFarland, executrix of the estate of J. M. McFarland, deceased.

Smead & Harbour, of Longview, for Loyce Phillips, an appellant, but designated herein as appellee for convenience.

Hurst & Burke, of Longview, for appellees, Don Hall McFarland, E. H. Smitherman, Mrs. Lizzie Rogers, Mrs. Nannie Goyne, Mrs. Mary Rogers, Mrs. ______ Mann, John K. Mann, Charles W. Mann and Herbert Mann.

CULVER, Justice.

This suit was brought by Loyce Phillips, executor of the will of Lucy Haynes and trustee for Don Hall McFarland, to construe certain provisions of the will of said Lucy Haynes, which read as follows:

"3. I give, devise and bequeath to and hereby direct my executor named herein to permit my husband, J. M. Haynes, during his natural life to manage and control my farm on the Geo. A. Thomason survey in Gregg County, Texas, insofar as the surface...

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