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JOHNSON v. McDONALD

No. 5342.

512 S.W.2d 395 (1974)

Frank JOHNSON et al., Appellants, v. Elvo Prince McDONALD, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Dismissed August 8, 1974.

Attorney(s) appearing for the Case

Ed Keys, Monahans, for appellants.

Lynn B. Griffith, Waxahachie, for appellee.

HALL, Justice.

This appeal has been taken from an order admitting a will to probate. Transcript was filed with this Court on May 14, 1974. Three days later, on appellants' motion, the time for filing the statement of facts was extended to July 14, 1974, which was well beyond the time allowed by Rule 386, Texas Rules of Civil Procedure.

Neither the statement of facts nor a motion for additional time was filed within the extended time. However, on July 17, 1974...

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