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KIRK v. BEARD

No. A-7857.

345 S.W.2d 267 (1961)

Agnes KIRK et al., Petitioners, v. Lucille BEARD et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 26, 1961.

Attorney(s) appearing for the Case

Fred Erisman, Longview, Robert M. Mahanay and Gean B. Turner, Cleburne, Strasburger, Price, Kelton, Miller & Martin and Royal H. Brin, Jr., Dallas, for petitioners.

Gordon R. Wellborn, Rex Houston, Henderson, Roberts & Smith, Longview, Wynne & Wynne and Clarence A. Abramson, Dallas, for respondents.

CULVER, Justice.

The respondents, Lucille Beard, Loanna Silvey Jacobs and Irma Kate Silvey Murphy and Mosell Silvey Pitner, are nieces of J. E. Sexton, deceased. They brought this suit to establish their claim to all of the estate, both real and personal, owned by J. E. Sexton at the time of his death. Their claim is based on a contract alleged to have been made between J. E. Sexton and his brother, W. H. Sexton whereby these brothers orally agreed that they would...

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