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BOREN v. BOREN

No. A-11106.

402 S.W.2d 728 (1966)

Earnest S. BOREN, Petitioner, v. George S. BOREN et al., Respondent.

Supreme Court of Texas.

Rehearing Denied June 8, 1966.

Attorney(s) appearing for the Case

A. R. Archer, Jr., Monahans, for petitioner.

Murray J. Howze, Monahans, for respondent.

POPE, Justice.

O. K. Boren, deceased, executed a typewritten document in June, 1959, which was admitted to probate as his last will. Deceased's brother, Earnest S. Boren, filed this action to set aside the order of probate, because the document was not attested by two witnesses as required by Section 59, Probate Code, V.T.C.S. The courts below have upheld the validity of the document as a will. Tex.Civ.App., 394 S.W.2d 704. The...

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