ADAMS v. MASTERSON

No. 16910.

415 S.W.2d 535 (1967)

Joe A. ADAMS et al., Appellants, v. Wilmer D. MASTERSON, Independent Executor of Herbert Patrick Nettleton, Deceased et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 19, 1967.


Attorney(s) appearing for the Case

Patrick E. Higginbotham of Coke & Coke, Dallas, for appellants.

Wilmer D. Masterson of First National Bank Bldg. Kilgore & Kilgore, Dallas, for appellees.


BATEMAN, Justice.

In this suit for declaratory judgment construing a will and codicil, the sole question to be resolved is: Does the revocation of gifts of one-half of the residuary estate increase the remaining gifts from a half to the whole, or does the one-half of the residuary estate, covered by the revoked gifts, pass by intestacy to the heirs at law? The independent executor of the will brought suit for instructions, and filed a motion for summary judgment,...

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