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WAXLER v. KLINGEMANN

No. 10251.

272 S.W.2d 746 (1954)

Layton WAXLER, Independent executor, Appellant, v. Juanita KLINGEMANN, Independent executrix, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 1, 1954.

Attorney(s) appearing for the Case

John C. Butler, Austin, for appellant.

Owens, Purser & Stevenson, Austin, for appellee.

HUGHES, Justice.

This is a suit to construe the last will and testament of Addie J. Waxler who died January 25, 1952. Decedent was the widow of L. W. Waxler.

The parties are Layton Waxler and Juanita Klingemann, son and daughter of decedent and the only beneficiaries of her will.

The dispute is over the proper construction of paragraph two of the will which reads:

"I will and devise unto my beloved son, Layton Waxler my Red River Street property...

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