No. 19763.

315 F.2d 420 (1963)

James D. O'CONNOR, as Independent Executor of the Estate of T. J. O'Connor and Ellen O'Connor, deceased, Appellant, v. C. J. O'CONNOR and Flossie Mae O'Connor, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1963.

Attorney(s) appearing for the Case

James D. O'Connor, O'Connor & Douglass, Dallas, Tex., for appellant.

William A. Rembert, Jr., W. M. Taylor, Jr., John F. Townsend, Gordon MacDowell, Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellee, C. J. O'Connor.

Before RIVES, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

T. J. O'Connor and Ellen O'Connor, husband and wife residing in Texas, executed a joint will in 1952 by which, when both were dead, the home place and another piece of property in Dallas, Texas, were devised to their son, James D. O'Connor, with the residuary estate to be divided equally among three children, James D. O'Connor, Arthur D. O'Connor and C. J. O'Connor. James D. O'Connor was named as executor. T. J. O'Connor and Ellen O'Connor are...

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