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GARRISON v. TEXAS COMMERCE BANK

No. 16943.

560 S.W.2d 451 (1977)

Barnett Wade GARRISON, Appellant, v. TEXAS COMMERCE BANK, Appellee.

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

Rehearing Denied December 15, 1977.

Attorney(s) appearing for the Case

Schleider & Ewing, Ben H. Schleider, Jr., Harry G. Dippel, Paul S. Francis, Houston, for appellant.

Liddell, Sapp, Zivley & Brown, Willis Witt, R. Bruce LaBoon, John L. Hopwood, Houston, for appellee Texas Commerce Bank National Association, Temporary Admin. of the Estate of Candace Mossler, Deceased.

Lackshin & Nathan, Herbert N. Lackshin, Bernus Wm. Fischman, and A. R. Schwartz of counsel, of Houston, for appellees Rita Johnson Wilder and Norman Johnson.

John H. Holloway, Houston, for appellees Daniel Mossler and Christopher Mossler.

COLEMAN, Chief Justice.

Barnett Wade Garrison appeals an order dismissing his contest to the probate of the purported last will and testament of Candace Mossler, Deceased, on the ground that he was not a "interested person" as required by the probate laws of the State of Texas. Mr. Garrison contends that he was a surviving spouse of Candace Mossler Garrison, therefore a person interested in the estate as provided by Section 3(r) Tex.Prob. Code Ann.

The evidence...

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