WORTHAM v. BAXTER

No. 5162.

571 S.W.2d 539 (1978)

Thomas WORTHAM, Individually and as the Trustee of the Estate of Nettie S. Harper, Deceased, and as the Trustee of the Tiny S. Winsett and Willie Shaw Edwards Trusts, Appellant, v. Mildred BAXTER, Individually and as the Independent Executrix of the Estate of Tiny S. Winsett, Deceased, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 12, 1978.


Attorney(s) appearing for the Case

Donald C. McCleary, Wynne & Jaffe, Dallas, for appellant.

H. Campbell Zachry, Durant, Mankoff, Davis, Wolens & Francis, Dallas, for appellee.


BRADBURY, Justice.

This is a summary judgment case regarding the disposition of assets under the will of Nettie Harper. Plaintiff, Mildred Baxter, and defendant, Thomas Wortham, both moved for summary judgment agreeing that the will was not ambiguous requiring a construction but a declaration of its provisions was required. Plaintiff's motion was granted. We affirm.

The pertinent provisions of the will are:

"III.

. . . . .

C. I...

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