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CRAIN v. MITCHELL

No. 17306.

479 S.W.2d 956 (1972)

Marguerite CRAIN et al., Appellants, v. Marion Joplin MITCHELL, Ind. & as next friend for Vicki Louise Joplin and Billy Earl Joplin, et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 19, 1972.

Attorney(s) appearing for the Case

Flowers & Flowers, and John Flowers, Fort Worth, for appellants.

Paul C. Isham, Arlington, for appellees.

OPINION

LANGDON, Justice.

This is a declaratory judgment suit. The principal question to be determined is whether the joint will of Wilford Aldrich and his wife, Capitola Grace Aldrich, was contractual and therefore irrevocable by the survivor.

On August 17, 1961, Wilford Aldrich and his wife, Capitola Grace Aldrich, executed a joint will. On June 29, 1966, Wilford Aldrich died and the joint will was admitted to probate as a muniment of title only...

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