MEEK v. MITCHUSSON

No. 5369.

588 S.W.2d 665 (1979)

Lula MEEK et al., Appellants, v. Lorene MITCHUSSON, Independent Executrix, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied October 25, 1979.


Attorney(s) appearing for the Case

Walter P. Wolfram, Amarillo, for appellants.

Jim J. Hatcher, Henry, Hatcher & Freeman, Gainesville, Jack G. Kennedy, Sherman, for appellee.


DICKENSON, Justice.

This case presents a question of jurisdiction in a "contested probate matter" under Tex.Prob.Code Ann. § 5 (Supp.1979). Lorene Mitchusson filed an application to probate the will of her deceased husband, Arley M. Mitchusson. Lula Meek and the other heirs at law of decedent contested that application. Following a jury trial, the will was admitted to probate. The heirs appeal. We vacate that judgment.

On March 29, 1978, the Judge of...

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