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NOLES v. NEWBERRY

No. 3600.

342 S.W.2d 616 (1961)

Albert Byron NOLES et al., Appellants, v. Gussie NEWBERRY, Executrix et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 17, 1961.

Attorney(s) appearing for the Case

Allen Melton, Dallas, Geo. M. Elliott, Dallas, for appellants.

Clay Caggins, Roby, Edmund C. Yates, Abilene, Charles Nunn, Sweetwater, for appellees.

GRISSOM, Chief Justice.

Gussie Newberry, independent executrix of the estate of L. W. and Hattie M. Noles, deceased, sued Albert Byron Noles and others for the purpose of obtaining a construction of the joint will of the Noles and a declaration of the rights of Albert Byron Noles and others. In paragraph one of said will there was a provision that all the property of the two testators was devised to the survivor of the testators for life and "upon the death of such...

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