WHITE v. SMITH

No. 3240.

276 S.W.2d 359 (1955)

Modesto WHITE, Appellant, v. H. Robert SMITH et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 17, 1955.


Attorney(s) appearing for the Case

Hamblen & Bobbitt, Houston, Bradford Pickett, Liberty, Eugene T. Jenson, Anahuac, Bobbitt, Brite & Bobbitt, San Antonio, Chas. B. McGregor, Waco, for appellant.

Guy C. Jackson, Jr., Anahuac, C. C. Chessher, Chap B. Cain, Frank Turner, Liberty, Charles F. Cockrell, Jr., Houston, Kerns B. Taylor, Anahuac, for appellees.


TIREY, Justice.

This cause involves the contest of the last will and testament of Daisy M. Gill. Her will was admitted to probate by the County Court of Chambers County. Contestants seasonably perfected their appeal to the District Court. At the conclusion of the testimony the trial court overruled proponent's motion for an instructed verdict and submitted the case to the jury on two issues, as follows:

"(1) Do you find from a preponderance of the evidence...

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