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WARE v. WARE

No. 4035.

403 S.W.2d 227 (1966)

El J. WARE, Appellant, v. Abraham Allen WARE et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 13, 1966.

Attorney(s) appearing for the Case

J. Carroll McConnell, Dixon, Alley & Petrovich, Travis Alley, Ft. Worth, for appellant.

John P. Ritchie, Mineral Wells, Charles Shumaker, Weatherford, for appellees.

GRISSOM, Chief Justice.

On February 4, 1965, the County Court rendered judgment removing El J. Ware as an independent executor of the estate of W. T. Ware. He was not cited but he was present and knew of the judgment when it was rendered. His first action to rid himself of the judgment occurred on the 24th of February, 1965, when he filed a motion to set aside the judgment removing him. Other executors of said estate filed a motion to dismiss El J. Ware's said motion...

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