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CUNNINGHAM v. TOWNSEND

No. 3231.

291 S.W.2d 438 (1956)

Luther CUNNINGHAM et al., Appellants, v. Roy F. TOWNSEND et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 15, 1956.

Attorney(s) appearing for the Case

Turner & Seaberry, Eastland, for appellant.

Frank Sparks, Eastland, for appellee.

GRISSOM, Chief Justice.

Roy F. Townsend et al. sought a declaratory judgment that they were the owners of certain property as the beneficiaries of the 1950 will of Mrs. Lucy M. Townsend Carter and that defendants had no interest therein as the beneficiaries of the will of her surviving husband, J. Will Carter. Plaintiffs alleged Mrs. Carter was the wife of J. Will Carter and that she had no children; that she died first and each left a will which was probated; that...

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