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HAMILTON v. HAMILTON

No. A-4760.

280 S.W.2d 588 (1955)

Cleo Mason HAMILTON, Petitioner, v. Norman HAMILTON, Respondent.

Supreme Court of Texas.

Rehearing Denied July 13, 1955.

Attorney(s) appearing for the Case

Wynne & Wynne, Angus G. Wynne and William A. McKenzie, Dallas, for petitioner.

Strasburger, Price, Kelton, Miller & Martin and Royal H. Brin, Jr., Dallas, for respondent.

CULVER, Justice.

We are concerned here indirectly, at least, with two separate and distinct causes of action.

First, the petitioner, Cleo Mason Hamilton, surviving wife of W. B. Hamilton and principal beneficiary of his last will, offered the will for probate. Norman Hamilton, the respondent and son of W. B. Hamilton by a previous marriage, contested the application on the ground of mental incapacity and undue influence, and appealed to the district court...

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