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ESTATE OF MORRIS

No. 8959.

577 S.W.2d 748 (1979)

ESTATE of Margaret Jane MORRIS, Deceased.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 26, 1979.

Attorney(s) appearing for the Case

Kolander & Hamilton (R. C. Hamilton), Amarillo, for appellee.

Underwood, Wilson, Sutton, Berry, Stein & Johnson (John Mozola), Amarillo, for appellant.

REYNOLDS, Justice.

The probate of an earlier will was set aside upon proof of a later, valid will made more than two years afterwards and against the contention that the application to probate the last will is a will contest barred by the two-year statute of limitations, but probate of the last will was denied after the jury found an agreement between the principal beneficiaries not to offer the last will for probate. Absent a concurrent agreement for a division of...

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