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KIRBY v. JACKSON

No. 5548.

537 S.W.2d 46 (1976)

Mary J. KIRBY and Henry J. Kirby, Petitioners, v. Hon. David D. JACKSON, Judge of Probate Court No. 2 of Dallas County, Texas, Respondent.

Court of Civil Appeals of Texas, Waco.

February 5, 1976.

Attorney(s) appearing for the Case

Townsend & Townsend, J. N. Townsend, Jr., Dallas, for petitioners.

Saner, Jack, Sallinger & Nichols, Louis Nichols, David D. Jackson, Judge, Dallas, for respondent.

OPINION

JAMES, Justice.

This is an original proceeding, a petition for writ of prohibition against the Judge of Probate Court No. 2 of Dallas County, Texas. We deny the petition.

Petitioners Mary J. Kirby and Henry J. Kirby are the sole and only heirs of Robert Wilson Kirby, Deceased. On March 26, 1973, Edward B. Stanley filed an application to probate an instrument asserted to be the will of Robert Wilson Kirby, Deceased, alleging that in said instrument...

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