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ELLIS v. ANDREWS

No. 6892.

324 S.W.2d 917 (1959)

Mattie Swinney ELLIS et al., Appellants, v. W. A. ANDREWS, Independent Executor of the Estate of Cora Swinney Johnston, Deceased, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied June 8, 1959.

Attorney(s) appearing for the Case

Rosenfield, Berwald & Mittenthal and A. H. Dudek, Dallas, for appellants.

Olin P. McWhirter and Allen Clark, Greenville, for appellee.

NORTHCUTT, Justice.

This is a suit which originated in the County Court of Hunt County, Texas, in which appellants filed an independent proceeding to declare void a certain portion of the last will and testament of Cora Swinney Johnston, deceased, which had been admitted to probate, on the ground that such portion was void, having created a perpetuity in violation of Article 1, Section 26 of the Constitution of the State of Texas, Vernon's Ann.St. The trial court...

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