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VOLPE v. BENAVIDES

No. 3723.

359 S.W.2d 136 (1962)

Manuel Benavides VOLPE, Appellant, v. Servando BENAVIDES et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 20, 1962.

Attorney(s) appearing for the Case

Mann, Byfield & Castillon, Laredo, for appellant.

Hall & Hall, E. H. Borchers, Laredo, Neel & Seaman, Corpus Christi, R. T. Wilkinson, Jr., Houston, J. W. Cooper, Jr., Corpus Christi, for appellees.

GRISSOM, Chief Justice.

Servando Benavides, Sr., and his wife, Maria Volpe de Benavides, owned large tracts of land in Texas and Mexico. She died intestate in 1919. In 1921 one of their sons, Manuel Benavides Volpe, sued his father, brothers and sisters for a partition of said community estate in Texas, alleging he was entitled to 1/5th of his mother's ½ of said community estate. All defendants answered and, likewise, prayed for partition. Two of the 5 brothers...

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