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BURK v. MATA

No. 15410.

529 S.W.2d 591 (1975)

J. O. BURK, Jr., et al., Appellants, v. Rumalda MATA, Individually and as Independent Executrix of the Estate of Victoria Clark, Deceased, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 19, 1975.

Attorney(s) appearing for the Case

Frank D. Masters, San Antonio, John L. Hill, Atty. Gen., David M. Kendall, Richard E. Green, Asst. Attys. Gen., Austin, for appellants.

Kenneth Oden, Perkins, Davis, Oden & Warburton, Alice, for appellee.

KLINGEMAN, Justice.

This is a will contest. The probate court of Jim Wells County, on June 14, 1972, admitted to probate a will of Victoria Clark, dated November 8, 1971, in which will appellee, Rumalda Mata, was the sole devisee and the independent executrix of such will. Appellants thereafter filed a contest to such probated will in the district court of Jim Wells County, asserting lack of testamentary capacity and undue influence as grounds for such contest. One...

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