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SMITH v. SMITH

No. 11281.

389 S.W.2d 498 (1965)

James L. SMITH and Langston Smith, Appellants, v. Gordon SMITH et al. in re the Estate of Kate Montgomery Smith, Deceased, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

Will G. Knox, James R. Sloan, Austin, for appellants.

Emmett Shelton, Austin, for appellees.

PHILLIPS, Justice.

This case involves the contest of two wills executed by Kate Montgomery Smith, now deceased: the one, dated November 14, 1953, with a codicil dated June 15, 1955; the other, dated September 19, 1961. There is no doubt but that Mrs. Smith executed both wills and both were filed and sought to be admitted to probate in the County Court by rival heirs. Trial to the County Court of Travis County without a jury resulted in a judgment denying probate to...

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