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HALTOM v. AUSTIN NATIONAL BANK

No. 11956.

487 S.W.2d 201 (1972)

Margaret B. HALTOM et al., Appellants, v. The AUSTIN NATIONAL BANK, Trustee, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 29, 1972.

Attorney(s) appearing for the Case

John H. Akin, Pearce & Smith, Crawford C. Martin, Atty. Gen., Robert L. Lemens, Asst. Atty. Gen., Austin, for appellants.

John Stayton, Jr., McGinnis, Lochridge & Kilgore, Austin, for appellee.

SHANNON, Justice.

This appeal involves the construction of the holographic will of Wayman Adams who died April 7, 1959. The principal question to be decided is whether the words, "would like", as used in the will, are precatory or mandatory.

Appellee, The Austin National Bank, Trustee, filed a declaratory judgment suit in the district court of Travis County seeking a construction of that will to clear title to two lots in Austin in which appellants claim an...

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