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MORRIS v. ESTATE OF WEST

No. 5439.

602 S.W.2d 122 (1980)

Jackson C. MORRIS, Appellant, v. The ESTATE of C. K. WEST, Deceased, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 31, 1980.

Attorney(s) appearing for the Case

Chester G. Ball, Ball & Landrith, Arlington, for appellant.

John H. McBryde, McBryde, Bogle & Green, J. Lyndell Kirkley, J. Shelby Sharpe, Randall Schmidt, Brown, Herman, Scott, Dean & Miles, Fort Worth, for appellee.

McCLOUD, Chief Justice.

This is a summary judgment case denying the probate of a will which shows on its face to be properly attested and self-proved. Contestants, Lorraine Morris and Patrick David West, contend that the trial court properly denied the probate of the will of C. K. West, deceased, because the summary judgment proof conclusively establishes that the two subscribing witnesses did not sign the will in the presence of the testator. Jackson C. Morris, proponent...

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