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IN RE ESTATE OF SIMMS

No. 7929.

442 S.W.2d 426 (1969)

In re ESTATE of James Harvey SIMMS, Deceased.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied June 3, 1969.

Attorney(s) appearing for the Case

Hughes & Hughes, Texarkana, Dean Carlton, Dallas, Tom Fortescue, Asst. Atty. Gen., Austin, James J. Hartnett, Dallas, E. Harold Beck, C. M. Kennedy, Texarkana, for appellants.

Norman C. Russell, Atchley, Russell, Hutchinson & Waldrop, Texarkana, for appellee.

DAVIS, Justice.

An alleged will and an alleged codicil case. Both were contested. There were two separate jury trials in the District Court. The first jury could not reach a verdict. Proponents filed a motion for a mistrial. Contestant filed a motion for judgment, and, in the alternative, a motion for judgment as to the alleged will and a separate trial on the alleged codicil. Proponents' motion for a mistrial as to the alleged will was overruled, and a mistrial was...

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