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MOORE v. ALLEN

No. 5614.

544 S.W.2d 448 (1976)

L. D. MOORE, Appellant, v. Walter H. ALLEN et al., Executors and the First United Methodist Church of Marlin, Texas, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Granted November 18, 1976.

Attorney(s) appearing for the Case

Robert G. Carter, Marlin, for appellant.

John B. Henderson, Jr., Cameron, Jack Welch, Marlin, Wiley Stem, Danny C. Wash, Waco, for appellees.

OPINION

JAMES, Justice.

This is a suit for declaratory judgment to construe three holographic codicils. The primary question before us is whether the latest codicil, that dated October 19, 1974, is mandatory or precatory. The trial court held such codicil to be precatory. We hold the codicil to be mandatory and testamentary in nature, and therefore reverse and render the trial court's judgment in this regard.

The plaintiffs in this suit were Walter...

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