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SMITH v. SMITH

No. 5056.

275 S.W.2d 148 (1954)

Emmett C. SMITH and H. W. Smith, Contestants, v. Mattie B. SMITH, Administratrix with the Will Annexed, of the Estate of R. W. Smith, Deceased, Proponent.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied January 12, 1955.

Attorney(s) appearing for the Case

Archer & Hazlewood, E. T. Miller, Amarillo, H. O. Metcalfe, Marfa, Cade & Bowlin, Lubbock, for appellants.

W. O. Shafer, Odessa, Robert C. Dow, Lovington, N. M., Burford, Ryburn, Hincks & Ford, Bruce Graham, and J. Cooper Blankenship, Dallas, for appellee.

McGILL, Justice.

This is a will contest case. Appellants are sons of the decedent R. W. Smith. They were contestants in the trial court. Appellees are Mrs. Mattie B. Smith, surviving widow of the deceased, and certain devisees of his will. They were proponents in the trial court.

Three holographic instruments dated July 28, 1952, July 30, 1952 and August 17, 1952 were admitted to probate as the last will and testament of R. W. Smith, deceased, by the 83rd...

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