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CARR v. RADKEY

No. 11238.

384 S.W.2d 736 (1964)

Waggoner CARR, Attorney General of the State of Texas, Appellant, v. Oliver RADKEY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 9, 1964.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Austin, J. S. Bracewell, Ben M. Harrison and Wayne R. Rodgers, Asst. Attys. Gen., for appellant.

J. C. Hinsley, Arthur P. Bagby, John C. Foshee, Allen, Ashton & Kidd, Austin, for appellees.

ARCHER, Chief Justice.

This is a will contest participated in by the Attorney General by virtue of Article 4412a, Vernon's Ann.Civ.St.

The will is a holographic one and the jury, in response to issues, found that the will was wholly in the handwriting of the testatrix, but that the testatrix did not have testamentary capacity when the will was executed on December 28, 1936.

By the terms of the will bequests were made to the University of Texas for...

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