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ELKIN v. SANDERS

No. 7536.

397 S.W.2d 309 (1965)

Terry ELKIN, Appellant, v. Sylvan SANDERS et al., Appellees.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied December 13, 1965.

Attorney(s) appearing for the Case

Leonard Howell, Lynch & Chappell, Midland, for appellant.

Crenshaw, Dupree & Milam, McWhorter, Cobb, Johnson & Cobb, Evans, Pharr, Trout & Jones, W. D. Benson, Jr., Lubbock; Carrington, Johnson & Stephens, Walker, Shoptaw & McClain, Dallas, Underwood, Wilson, Sutton, Heare & Berry, Amarillo, Waggoner Carr, Atty. Gen., Hawthorne Phillips, Tibby Wright, Paul Phy and J. Gordon Zuber, Asst. Attys. Gen., Austin, for appellees.

NORTHCUTT, Justice.

This is a will construction case. The principal questions to be decided are (1) which devisees must bear the debts and expenses of administration and in what proportions; and (2) which devisees must bear the estate and inheritance taxes and in what proportion. The answer to these questions rests upon the construction of the will of Lula Elkin Sanders who is hereinafter referred to as the testatrix.

By her will under Provision III the testatrix...

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