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CARR v. RADKEY

No. A-10554.

393 S.W.2d 806 (1965)

Waggoner CARR, Attorney General of the State of Texas, Petitioner, v. Oliver RADKEY et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 6, 1965.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., Austin, J. Arthur Sandlin, Asst. Atty. Gen., for petitioner.

Arthur P. Bagby and John C. Foshee, Austin, John E. Allen, Alpine, J. C. Hinsley, T. B. Kellum, Austin, for respondents.

GREENHILL, Justice.

This is a will contest. Upon a finding by the jury that Miss Hattie Hewlett did not have testamentary capacity, the trial court denied probate to her holographic wills of April 17 and December 28, 1936. The only serious contest was and is over the instrument of December 28, 1936. Except for procedural problems later noticed, this opinion will deal only with the December 28 will.

The State appealed on the ground that it (and those aligned...

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