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DUKE v. FALK

No. 11784.

463 S.W.2d 245 (1971)

Gillis DUKE et al., Appellants, v. Ina Beth FALK et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied February 17, 1971.

Attorney(s) appearing for the Case

Alvis & Carssow, John F. Campbell, Austin, for appellants.

Leonard L. Franklin, Alan Minter, Austin, Fred L. Blundell, Lockhart, for appellees.

O'QUINN, Justice.

This lawsuit contests a will, made by the testator when he was ninety-three years old, on the ground that the maker was without testamentary capacity.

Daisy Hughes, the testator, was a black man who, as a youth, came to Texas by wagon from Birmingham, Alabama, in the company of Festus Hughes, a white youth, on a journey that took six months. The two Hughes boys had lived as neighbors in Alabama...

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