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CLUCK v. BALLENGER

No. 1106.

543 S.W.2d 159 (1976)

Margaret Joe Ballenger CLUCK, Appellant, v. Joe Davis BALLENGER et al., Appellees.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied November 24, 1976.

Attorney(s) appearing for the Case

Harry L. Hall, Charles C. Murray, Atlas, Hall, Schwarz, Mills, Gurwitz & Bland, McAllen, for appellant.

David L. Orr, McGinnis, Lochridge & Kilgore, Austin, Orrin Johnson, Johnson & Davis, Harlingen, for appellees.

OPINION

BISSETT, Justice.

The issue presented by this appeal is whether the district court had jurisdiction of an appeal by certiorari from the probate court. On November 23, 1971, Joe Davis Ballenger, et al (the sole surviving children of Joe G. Ballenger, deceased), appellees in this appeal, filed an application to probate an instrument, dated March 17, 1964, purporting to be the last will and testament of Joe G. Ballenger, deceased. The instrument was...

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