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MILLER v. HATHAWAY

No. 11888.

477 S.W.2d 655 (1972)

M. E. MILLER et ux., Appellants, v. Drury P. HATHAWAY et al., Appellees.

Court of Civil Appeals of Texas, Austin.

February 23, 1972.

Attorney(s) appearing for the Case

Dell Barber, Colorado City, for appellants.

Bradbury, Tippen & Cross, Bill Tippen, Abilene, O. L. Parish, Jr., Paul Petty, Ballinger, for appellees.

SHANNON, Justice.

Appellants, M. E. Miller and wife, Littie Miller, filed a declaratory judgment suit in the District Court of Runnels County seeking the construction of a will and codicil executed by Nora McCaughan, a widow, to entitle M. E. Miller to the sum of $5,654.14, which sum was tendered to the District Clerk by the Independent Executor of the estate of Nora McCaughan. In addition to the executor, other appellees are the First Baptist Church of Ballinger...

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