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STATE v. ABERNATHY

No. 7803.

431 S.W.2d 359 (1968)

STATE of Texas, Appellant, v. F. B. ABERNATHY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied August 26, 1968.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen., George M. Cowden, First Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., J. C. Davis, W. O. Schultz and Brock Jones, Jr., Asst. Attys. Gen., Austin, for appellant.

Stone, Stone & Chambers, Amarillo, John C. Chambers Amarillo, of counsel, for appellee.

DENTON, Chief Justice.

This is a suit filed by F. B. Abernathy in his personal capacity in the probate court as a claim against the Estate of John Dukes, deceased. The State of Texas contested the claim as an interested person under the provision of the Texas Probate Code. From an order by the probate court allowing the claim of Abernathy as a gift causa mortis, the State appealed to the district court. The district court, by agreement, withdrew the case from the...

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