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FISHER v. CAPP

No. 9077.

597 S.W.2d 393 (1980)

Elmer FISHER et al., Appellants, v. Mattie Evans CAPP, Appellee.

Court of Civil Appeals of Texas, Amarillo.

First Motion for Rehearing Denied with Opinion March 19, 1980.

Second Rehearing Denied April 16, 1980.

Attorney(s) appearing for the Case

Lowe & Courtney, Clarendon, Allen Harp, Williams, Broughton & Forbis, John Forbis, Childress, for appellants.

Underwood, Wilson, Sutton, Berry, Stein & Johnson, Richard F. Brown, Amarillo, for appellee.

COUNTISS, Justice.

This suit seeks construction of, and other relief based upon the joint last will and testament of decedents, Burl B. Smith and his wife, Mamie R. Smith. Appellee, Mattie Evans Capp, sister of Mamie R. Smith and a residual beneficiary under the joint will, brought suit against Elmer Fisher, a beneficiary, the other beneficiaries and the independent executor under a subsequent will executed by Mamie R. Smith.1 Mrs. Capp...

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