McCARTY v. DUNCAN

No. 3700.

330 S.W.2d 899 (1959)

L. P. McCARTY, Appellant, v. Grace DUNCAN, Administratrix of Estate of Lizzie McCarty, Deceased, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 14, 1960.


Attorney(s) appearing for the Case

H. W. Allen, Hamilton, for appellant.

Andrew Campbell, Hamilton, for appellee.


WILSON, Justice.

This case presents questions as to jurisdiction of the probate court to declare a forfeiture of appellant's interest in the estate of his mother, testatrix.

In 1929, J. F. McCarty and Lizzie McCarty, appellant's parents, executed a joint will providing "on the death of either of us all of his or her estate we give, devise and bequeath in equal shares to our eight children." It provided that appellant should not receive any part of the estate...

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