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PYTHIAN HOME FOR ORPHANS AT WEATHERFORD v. BARROW

No. 7048.

346 S.W.2d 426 (1961)

PYTHIAN HOME FOR ORPHANS AT WEATHERFORD, TEXAS, Appellant, v. Donald Kent BARROW et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied May 22, 1961.

Attorney(s) appearing for the Case

Campbell, Brock, Wright & Waters, Crenshaw, Dupree & Milam, Evans, Pharr, Trout & Jones, Lubbock, for appellant.

Key, Carr, Carr & Clark, Lubbock, for appellees.

CHAPMAN, Justice.

The controlling question presented by this appeal is whether Allegra Hill Jones took a determinable fee under the Last Will and Testament of her deceased husband, Allen M. Jones, or if the instrument left her a determinable life estate only. The paragraph most pertinent to the construction of the will reads as follows:

"After the payment of my just debts, funeral expenses and taxes, I give, devise and bequeath unto my wife, Allegra Hill...

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