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ELLINGTON v. ELLINGTON

No. 429.

443 S.W.2d 50 (1969)

Bernard O. ELLINGTON, Appellant, v. Bertie ELLINGTON, Appellee.

Court of Civil Appeals of Texas. Tyler.

Rehearing Denied July 10, 1969.

Attorney(s) appearing for the Case

Briscoe, Dally & Shaffer, Carl E. F. Dally, Joe C. Shaffer, Houston, Duke Taylor, Center, for appellant.

McLeroy & McLeroy, Tom McLeroy, Center, for appellee.

SELLERS, Justice.

Bernard O. Ellington, appellant, brought this suit to have himself appointed guardian of his mother, Mrs. Bertie Ellington (appellee), on the allegation that appellee is a person of unsound mind, over eighty years of age, and is without a guardian of her person or estate. A portion of the allegations for the appointment is as follows:

"3. The Applicant, Bernard O. Ellington, is qualified and he is not disqualified to receive letters to act...

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