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HODGE v. ELLIS

No. A-4768.

277 S.W.2d 900 (1955)

Wallace C. HODGE, Executor, et al., Petitioners, v. A. A. ELLIS, Respondent.

Supreme Court of Texas.

Rehearing Denied May 11, 1955.

Attorney(s) appearing for the Case

Nolen L. Sewell and C. T. Gettys, Decatur, John R. Lindsey, Jacksboro, for petitioners.

John W. Moore, Jacksboro, J. Roy Creighton, Mineral Wells, W. E. Fitzgerald, Wichita Falls, for respondent.

GARWOOD, Justice.

This dispute at its present stage is largely one over real estate in Jacksboro, Jack County, between the plaintiff (our respondent) A. A. Ellis, as community survivor of, and beneficiary under the will of his late wife (hereinafter referred to as the testatrix) and the defendants (our petitioners), who are her executor (Wallace C. Hodge) and the remaining beneficiaries of the will, that is, her sister (Mrs. Hodge) niece (Mrs. Motley) and a grandnephew...

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