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FOUST v. COYNE

No. 6874.

331 S.W.2d 386 (1959)

S. A. FOUST et al., Appellants, v. Hattye Bigham COYNE, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 12, 1959.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, Allen Harp, Childress, Bruno H. Miller, Oklahoma City, Okl., for appellants.

Williams, Broughton & Forbis, Childress, for appellee.

NORTHCUTT, Justice.

On or about February 28, 1947, Martin Coyne Jr. and Viola H. Coyne, husband and wife, made and executed a joint and mutual will, the pertinent provisions concerned in this appeal being as follows:

"1. "It is our will and desire that the survivor of us, Martin Coyne, or Viola H. Coyne, as the case may be, shall have all of the estate of every description, real, personal, or mixed, which either or both of us may own, to be used...

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