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HAYNES v. HENDERSON

No. 10836.

345 S.W.2d 857 (1961)

Dr. Henry HAYNES et al., Appellants, v. A. Judson HENDERSON et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 3, 1961.

Attorney(s) appearing for the Case

Byron L. McClellan, Gatesville, Turner & Seaberry, Eastland, for appellants.

Will Wilson, Atty. Gen., James H. Rogers, Mary K. Wall, J. Arthur Sandlin, Asst. Attys. Gen., for appellees.

ARCHER, Chief Justice.

This suit was brought by appellants against appellees seeking a construction of the will and codicil of Parrie Haynes, deceased, and in the alternative, seeking to enforce a contract made between Parrie Haynes and her husband W. A. Haynes whereby each agreed to will his or her property to the survivor of the marriage upon condition that the survivor by will divide his or her estate in a substantially equal manner between the survivor's nearest...

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