DENTON, Chief Justice.
This is an appeal from a judgment of the trial court construing a will of Eva Cole, dated February 18, 1955, and refusing to probate a prior will of the testatrix dated July 23, 1929. The appellant, Elton E. Cole, filed a petition in the county court asking that the 1929 will be probated, while the appellee, James T. Harris, filed a petition to probate the 1955 will. The two cases were consolidated in both the county court and
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