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TOWNSEND v. PHILLIPS

No. 8430.

545 S.W.2d 898 (1977)

Grace TOWNSEND, Appellant, v. Leo PHILLIPS, Jr., Appellee.

Court of Civil Appeals of Texas, Texarkana.

January 4, 1977.

Attorney(s) appearing for the Case

Howard O. Banks, Dallas, for appellant.

Virgil E. Rogers, Gillis, Rogers & Taylor, Dallas, for appellee.

CORNELIUS, Justice.

In this appeal we are called upon to decide whether a will was presented for probate within four years from the death of the testator as required by Tex.Prob.Code Ann. Sec. 73 (Supp.1976). Section 73 provides in part as follows:

"(a) No will shall be admitted to probate after the lapse of four years from the death of the testator unless it be shown by proof that the party applying for such probate was not in default in failing to present...

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