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SMITH v. SMITH

No. 18475.

519 S.W.2d 152 (1974)

Barbara J. SMITH, Appellant, v. Goldman D. SMITH et ux., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied January 23, 1975.

Attorney(s) appearing for the Case

David M. Stagner, Nance, Caston, Hefner, Duncan, Green & Stagner, Denison, for appellant.

Roger D. Sanders, Kennedy & Minshew, Sherman, for appellees.

GUITTARD, Justice.

The question is whether a widow who divorced the testator after the execution of his will, but subsequently remarried him, is disqualified as executrix and deprived of all benefits under the will by Tex.Prob. Code Ann. § 69 (Vernon 1956), which provides:

If the testator is divorced after making a will, all provisions in the will in favor of the testator's spouse so divorced, or appointing such spouse to any fiduciary capacity under...

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