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JOHNSON v. MARISCAL

No. 1742.

620 S.W.2d 905 (1981)

John C. JOHNSON, Executor of the Estate of N. L. Nittler, Deceased, Appellant, v. Santa Anna MARISCAL, as next friend of Cesar Javier Mariscal, a Minor, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

Rehearing Denied September 10, 1981.

Attorney(s) appearing for the Case

Ralph L. Alexander, Kelley, Looney, Alexander & Sawyer, Edinburg, for appellant.

Alfonso Ibanez, Pena, McDonald, Prestia & Zipp, Edinburg, for appellee.

OPINION

YOUNG, Justice.

This is a will contest case. Appellants, executor and legatees under the will of L. F. Nittler, deceased, challenge the judgment of the trial court which declared said will void. The judgment was based on the jury's determination that a child was born to the decedent after the execution of the will. Tex.Prob.Code Ann. § 67(b) (1980). We reverse and remand.

L. F. Nittler executed a will on September 24, 1971, appointing...

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