BINGHAM v. KIMBRELL

No. 10129.

258 S.W.2d 363 (1953)

BINGHAM et al. v. KIMBRELL et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied June 3, 1953.


Attorney(s) appearing for the Case

Swaim & Swaim by E. H. Swaim, Eden, Paul Petty, Ballinger, for appellants.

Smith & Lear, San Angelo, John M. Harrod, Eden, by B. W. Smith, San Angelo, for appellees.


ARCHER, Chief Justice.

This suit was filed by the appellees A. R. Kimbrell and numerous others, against appellants, as defendants, for partition of a tract of land and for construction of the will of J. R. Kimbrell, deceased.

Appellants, as defendants, answered with special exceptions, and among other things pleaded that the parties had theretofore made an oral partition of such land.

The court severed the will construction from the partition, ordering...

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