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FINLEY v. FINLEY

No. A-7132.

324 S.W.2d 551 (1959)

Eugene Lee FINLEY et al., Petitioners, v. Norman L. FINLEY, Respondent.

Supreme Court of Texas.

Rehearing Denied June 10, 1959.

Attorney(s) appearing for the Case

McMahon, Smart, Sprain & Wilson, Abilene, John P. Camp, Abilene, of counsel, for Eugene L. Finley and Ross Alvord Finley.

Sayles & Sayles, Abilene, for Kathy Elizabeth Finley, Indiv. etc.

Wagstaff, Harwell, Alvis & Pope, Abilene, J. Henry Doscher, Jr., Abilene, of counsel, Whitten, Harrell & Wilcox, Abilene, for Norman L. Finley.

PER CURIAM.

The Court of Civil Appeals held that the rule in Shelley's case is applicable to the will of Ella S. Finley but not to the will of E. L. Finley. 318 S.W.2d 478. We agree with both holdings and approve the opinion of that Court in so far as it relates to the will of Ella S. Finley. As for the other will, we are not entirely satisfied that the words "then living" are sufficient in themselves to show that the term "legal...

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