OPINION
GREEN, Chief Justice.
H. W. Smith of Goliad County, Texas, died on April 1, 1960. Application to probate his will was duly filed on April 21, 1960, in the County Court of said county by his son, Henry Vivian Smith, appellee herein, named as independent executor in the will. Since said applicant was a non-resident of Texas, his residence being in Washington, D. C., he filed with the county clerk of Goliad County concurrently with said application...
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