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CALVERT v. THOMPSON

No. 10795.

339 S.W.2d 685 (1960)

Robert S. CALVERT, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. Cora THOMPSON, a Widow, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 9, 1960.

Attorney(s) appearing for the Case

Will Wilson, Atty. Gen., Marietta McGregor Payne, Asst. Atty. Gen., for appellants.

Geo. M. Sonfield, Marcus, Weller & Evans, Beaumont, for appellees.

GRAY, Justice.

This is a suit to recover inheritance taxes paid under protest and the appeal is from a judgment awarding a recovery of taxes so paid.

On October 4, 1955 Hugh A. Thompson died testate and by his will disposed of his estate. The part of his will from which this controversy arose, and the only part material here, provides:

"All of the rest and residue of my property, real, personal and mixed, I hereby give, devise and bequeath to my beloved...

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