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SIMS v. McKNIGHT

No. 4.

420 S.W.2d 173 (1967)

Edna Earl McKnight SIMS et al., Appellants, v. Cubie Marie McKNIGHT, Individually and as Independent Executrix of the Estate of Benjamin Clare McKnight, Deceased, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 1, 1967.

Attorney(s) appearing for the Case

Eddington, Kroll, Friloux & Smith, and C. Anthony Friloux, Jr., Houston, for appellants.

Vinson, Elkins, Weems & Searls and M. C. Chiles and Jarrel D. McDaniel, Houston, for appellee.

SAM D. JOHNSON, Justice.

The Probate Court of Harris County admitted the will of B. C. McKnight to probate and an appeal was taken to the District Court. Contestants, and appellants herein, are the children of the decedent by his first marriage. The proponent, and appellee herein, is the decedent's second wife of some thirty-seven years, and his surviving widow. The trial in the District Court was to a jury which found that the decedent had testamentary capacity by...

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