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MOODY v. MOODY NATIONAL BANK OF GALVESTON

No. 13099.

302 S.W.2d 695 (1957)

W. L. MOODY, III, Appellant, v. The MOODY NATIONAL BANK OF GALVESTON et al., Appellees.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied June 6, 1957.

Attorney(s) appearing for the Case

P. H. Swearingen and Carl Wright Johnson, San Antonio, Russel H. Markwell, Galveston, and Fred Parks, Houston, for appellant.

Dan Moody, Austin, Dibrell, Dibrell & Greer, Armstrong, Bedford & Lambdin and Griffith D. Lambdin, Galveston, for appellees.

HAMBLEN, Chief Justice.

This suit was instituted by appellant in the District Court of Galveston County as a discovery proceeding brought under the provisions of Rule 737, Texas Rules of Civil Procedure in aid of a contemplated suit to set aside the order probating the will of W. L. Moody, Jr., which had been admitted to probate in the Probate Court of Galveston County on August 10, 1954. Appellant alleged, and the record reflects, that on January 9, 1956, he filed...

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