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BROOKS v. KINCAID'S ESTATE

No. 10718.

332 S.W.2d 434 (1960)

Albert BROOKS, Appellant, v. ESTATE of T. A. KINCAID, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Austin.

January 6, 1960.

Attorney(s) appearing for the Case

William Davenport, Royal Hart, San Angelo, for appellant.

Runge, Marschall & Runge, San Angelo, for appellees.

HUGHES, Justice.

On October 24, 1953, the County Court of Tom Green County entered an order probating an instrument in writing dated November 26, 1949, and an instrument in writing dated March 11, 1952, as the last will and testament and codicil, respectively, of T. A. Kincaid who died in Tom Green County on or about August 4, 1953.

On January 15, 1955, Albert Brooks, a legatee named in the will of T. A. Kincaid, appellant herein, filed a petition (No. 4375...

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