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BERRY v. GRIFFIN

No. 1282.

531 S.W.2d 394 (1975)

Josephine L. BERRY, Appellant, v. Reverend Leslie T. GRIFFIN, Appellee.

Court of Civil Appeals of Texas, (14th Dist.).

Rehearing Denied January 14, 1976.

Attorney(s) appearing for the Case

B. Edward Williamson, Prappas, Caldwell & Moncure, Houston, for appellant.

Allen B. Daniels, F. W. Moore, Houston, Herman L. Little, Jr., Asst. Atty. Gen., Austin, Charles S. Taylor, Jr., Houston, Cullen Smith, Naman, Howell, Smith & Chase, Waco, for appellee.

COULSON, Justice.

This is a "Lost Will" case. In 1969 Miss Josephine Allebach executed a will. After her death, on May 24, 1974, the original of the Will could not be found. The principal beneficiary under the Will, Reverend Leslie T. Griffin, sought probate of an unsigned copy of the Will. Josephine L. Berry, and others, contested the probate of the "Lost Will" on the ground that the decedent revoked her will prior to her death by destroying the Will. After a jury...

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