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EVANS v. EVANS

No. 14157.

371 S.W.2d 775 (1963)

James W. EVANS, Jr., et al., Appellants, v. James W. EVANS, Sr., Appellee.

Court of Civil Appeals of Texas, San Antonio.

October 16, 1963.

Attorney(s) appearing for the Case

T. P. Hull, J. Douglas McGuire, San Antonio, for appellants.

Glendon Roberts, Bandera, for appellee.

POPE, Justice.

James W. Evans, Jr., and Kathleen Burket, have appealed from a summary judgment which construed the holographic will of their mother, Kitty Clark Evans. The judgment of the trial court was that the will vested the property in the testatrix's husband, James W. Evans, Sr., the father of appellants. The issue upon which the parties meet is whether the words which appear after Kitty Clark Evans' signature are mandatory or precatory. In our opinion the judgment...

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