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CANADA v. EZER

No. A2054.

584 S.W.2d 568 (1979)

George H. CANADA, Appellant, v. Charles G. EZER, Beneficiary, Independent Executor and Trustee Under Last Will and Testament of George R. Canada, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied August 1, 1979.

Attorney(s) appearing for the Case

Taylor Moore, Law Office of Browne & Moore, Alister B. Mahon, Law Office of Minter & Mahon, Houston, for appellant.

Mark W. Owen, Ernest F. Bogart, Jr., Law Office of Owen, Jones & Bogart, Elgin, for appellee.

Before MILLER, PRESSLER and SALAZAR, JJ.

PRESSLER, Justice.

This is an appeal from the district court's dismissal of George H. Canada's (appellant) cross-action on the grounds that the district court lacked jurisdiction to void the admission to probate of a will admitted to probate in the county court some twenty years prior, or in the alternative to impose a constructive trust in favor of appellant.

The original will of George R. Canada (Canada) was admitted to probate on December 1, 1958, in the...

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