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CALLOWAY v. ESTATE OF GASSER

No. 1051.

558 S.W.2d 571 (1977)

R. W. CALLOWAY, Attorney-Ad Litem, Appellant, v. ESTATE of Helen GASSER, Deceased, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied December 8, 1977.

Attorney(s) appearing for the Case

R. W. Calloway, Turner, Rodgers, Sailers, Jordan & Calloway, Dallas, for appellant.

Stephen J. Wilkinson, Asst. Atty. Gen., Austin, Harold B. Sanders, Sr., Clark, West, Keller, Sanders & Butler, Gregory S. C. Huffman, Thompson, Knight, Simmons & Bullion, Dallas, for appellee.

MOORE, Justice.

This suit was instituted by First National Bank in Dallas seeking a construction of the last will and testament of Helen Gasser, deceased, acting in its capacity as independent executor. It was stipulated that Helen Gasser died testate in Dallas County, Texas, on February 6, 1975, and that her last will and testament, dated March 20, 1972, had been duly admitted to probate in Dallas County, Texas, on February 24, 1975.

The testatrix provided...

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