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MASON v. MASON

No. A-9108.

366 S.W.2d 552 (1963)

H. B. MASON, Jr., Petitioner, v. Katie B. MASON, Individually and as Independent Executrix and Trustee of the Estate of H. B. Mason, deceased, Respondent.

Supreme Court of Texas.

Rehearing Denied April 24, 1963.

Attorney(s) appearing for the Case

Taylor & Taylor, Temple, Richey, Sheehy, Teeling & Cureton, Waco, for petitioner.

Cox, Brown & Daniel, Temple, for respondent.

Roberto M. Benavides, Tom N. Goodwin, John E. Fitzgibbon, William C. Wright, Laredo, amici curiae for petitioner on rehearing after refusal of writ of error.

Perkins, Floyd, Davis & Oden, Alice, amici Curiae in opposition.

CULVER, Justice.

The sole question here is whether certain named beneficiaries were necessary and indispensable parties defendant to this action brought to contest the validity of a will after it had been admitted to probate. Contrary to the holding of the Court of Civil Appeals we answer that question in the negative.

The will of H. B. Mason, Sr., was duly admitted to probate. The will devised a life estate in...

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