ROGERS v. CARTER

No. 14293.

385 S.W.2d 563 (1964)

Murphy ROGERS et al., Appellants, v. Wm. CARTER, Independent Executor of the Estate of Jim Rogers, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 6, 1965.


Attorney(s) appearing for the Case

Kerr, Gayer, Ray & Lyons, San Angelo, for appellants.

Moursund & Ferguson, Johnson City, for appellees.


BARROW, Justice.

This case involves the construction of the last will and testament of Jim Rogers, who died on December 14, 1959, at the age of 93 years, leaving six children born during his first marriage, and Mrs. Belle Rogers, his second wife, who were legatees and devisees under his will.1 It is not asserted that his will is ambiguous, but a controversy arose in that, subsequent to the execution of his will, testator disposed of his...

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