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GOLDEN v. YORK

No. 14514.

407 S.W.2d 293 (1966)

Ruth Walker GOLDEN et al., Appellants, v. Jim Allen YORK et al., Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied October 26, 1966.

Attorney(s) appearing for the Case

Guilford L. Jones, Big Spring, Owen H. Ellington, El Paso, for appellants.

Ralph William Scoggins, El Paso, Paul Worden, McKinney, and Fred J. Morton, El Paso, for appellees.

MURRAY, Chief Justice.

This appeal calls for an interpretation and construction of § 38(a), paragraph 4, of our Probate Code, V.A.T.S., reading as follows:

"If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then...

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