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FORTENBERRY v. FORTENBERRY

No. 8236.

582 S.W.2d 188 (1979)

E. O. FORTENBERRY et al., Appellants, v. Lloyd C. FORTENBERRY et al., Appellees.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied May 17, 1979.

Attorney(s) appearing for the Case

O. J. Weber, Beaumont, Wheat & Stafford, Woodville, for appellants.

Jimmy W. Nettles, Beaumont, Joe R. Smith, Woodville, for appellees.

DIES, Chief Justice.

This is an appeal from a suit to cancel the will and mineral deed of Miss Mamie Chambless executed on November 19, 1976. Miss Chambless died on December 5, 1976, at the age of eighty-three. A jury found that Miss Chambless lacked testamentary capacity to execute the will and mental capacity to execute the deed. We reverse and remand the cause for a new trial, for the following reasons.

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