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LEE v. POWELL

No. 3321.

285 S.W.2d 291 (1955)

Mary M. LEE et al., Appellants, v. Sam J. POWELL et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 5, 1956.

Attorney(s) appearing for the Case

Brown & Dickie, Gatesville, Klett, Bean & Evans, Lubbock, Theodore V. Foote, Gatesville, Zue Vance, Azle, for appellant.

Taylor & Dickens, Marlin, T. R. Mears, Gatesville, Abner V. McCall, Waco, for appellee.

TIREY, Justice.

Plaintiffs brought this suit for the partition of property between the heirs of John M. Powell, deceased, and the heirs of Blanche Powell, deceased, and grounded their action on the disposition of the property of said decedents under the joint will executed by decedents under date of February 6, 1917. Some of the heirs of Blanche Powell sought to have the trial court hold that the will of decedents dated February 6, 1917 was a joint, mutual and contractual...

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