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ALLEN v. NESMITH

No. 16513.

525 S.W.2d 943 (1975)

Shirley Nesmith ALLEN, Appellant, v. Robert E. NESMITH et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 21, 1975.

Attorney(s) appearing for the Case

Urban, Coolidge, Pennington & Scott, T. J. Sims, Michael D. Stewart, Houston, for appellant.

Jamail & Gano, Joseph D. Jamail, William J. Stradley, Houston, for appellees Walter D. Allen and David Byron Allen.

Hofheinz & Harpold, Lew W. Harpold, Houston, Guardian Ad Litem for appellee Minor Ann Valesca Allen.

John L. Hill, Atty. Gen of Texas, David Kendall, First Asst. Atty. Gen., J. C. Davis, Scott Garrison, Asst. Attys. Gen., Austin, for appellee University of Houston.

COLEMAN, Chief Justice.

This is an appeal from a judgment denying the petition of appellant, Shirley Nesmith Allen, to set aside the probated self-proven will of her deceased mother. The defendants in the trial court, appellees here, moved for judgment at the conclusion of the plaintiff's testimony, and judgment in their favor was granted. The judgment will be reversed and the cause remanded to the trial court.

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