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READ v. GEE

No. 18070.

580 S.W.2d 431 (1979)

Thomas P. READ, Jr., et al., Appellants, v. Ruth GEE, Independent Executrix, et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 3, 1979.

Attorney(s) appearing for the Case

William A. Nobles, Decatur, for appellant Thomas P. Read, Jr., Independent Executor of the Estate of Ruth Cole, Deceased.

Melton & Hamric and Wayne A. Melton, Dallas, for individual appellants.

Andress, Woodgate & Lodewick, and William Andress, Jr., Dallas, Stark, Barnhart & Moore, and Richard S. Stark, Gainesville, for appellees.

OPINION

MASSEY, Chief Justice.

The question presented by the appeal is presence or absence of ambiguity or uncertainty in the provisions of the will of Ruth Cole, deceased. If there was ambiguity or uncertainty parol evidence would be admissible for the purpose of ascertaining the intent of the testatrix in the construction of the will (distinguishable from evidence which would serve to supply only sufficient background information). If there was not ambiguity...

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