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STATE v. ESTATE OF LOOMIS

No. 1019.

553 S.W.2d 166 (1977)

STATE of Texas, Appellant, v. ESTATE of Mrs. J. A. LOOMIS, Deceased, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied June 23, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Anthony J. Sadberry, Asst. Atty. Gen., Austin, for appellant.

Alma L. Lopez, San Antonio, for appellee.

MOORE, Justice.

This appeal calls for an interpretation and construction of the last sentence of Section 38(a)(4) of the Texas Probate Code which reads as follows:

"If there be none of the kindred aforesaid, then the inheritance shall be divided into two moieties, one of which shall go to the paternal and the other to the maternal kindred, in the following course: To the grandfather and grandmother in equal portions, but if only one of these be living, then...

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