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MUELLER v. BANKS

No. 12721.

273 S.W.2d 88 (1954)

B. G. MUELLER, Appellant, v. C. Stanley BANKS, Independent Executor of the Estate of Henry Mueller et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied December 8, 1954.

Attorney(s) appearing for the Case

Rice, Waitz & Rice, San Antonio, for appellant.

House, Mercer & House, Moursund, Ball, Bergstrom & Barrow, Stahl & Sohn, M. A. Childers, Ralph E. Cadwallader, San Antonio, for appellees.

NORVELL, Justice.

By judgment dated December 4, 1953, the District Court ordered three instruments probated as valid testamentary declarations of Henry Mueller, who died on December 30, 1952. By its answers to three special issues, the jury found that Henry Mueller possessed testamentary capacity on June 16, 1951, June 28, 1951, and August 6, 1952, the dates upon which Mueller executed his last will and testament and two codicils thereto. The beneficiaries under the...

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