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IN RE ESTATE OF CHERRY

No. 5383.

517 S.W.2d 912 (1974)

In re ESTATE of Mayme Keith CHERRY, Deceased.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 23, 1975.

Attorney(s) appearing for the Case

Carter, Jones, Magee, Rudberg, Moss & Mayes, Dallas (John E. Agnew, Dallas), for appellant.

Lane, Savage, Counts & Winn, Dallas (Edward B. Winn—G. Ward Beaudry, Dallas), for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by Joe Utay Temporary Administrator of the Estate of Mayme Keith Cherry; Branch B. Moeling, sole heir and legatee of Lorena M. Moeling; and the law firm of Carter, Jones, Magee, Rudberg, Moss & Mayes; (hereafter referred to as appellants); from summary judgment that application of Lorena M. Moeling for allowance of attorneys' fees and expenses, incurred as Executrix designate and proponent of a will...

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