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BUSBY v. GRAY

No. 16529.

616 S.W.2d 284 (1981)

Mary Wells BUSBY, Verna G. Wells, Audrey Wells Cox, Mardell Wells Odom, Alice Lee Wells Mills and Aileen Wells Odom, Appellants, v. Alfred W. GRAY, Trustee Under the Will of Ed M. Wells, Deceased, and Trustee Under the Will of Julia C. Wells, Deceased, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 15, 1981.

Attorney(s) appearing for the Case

Philip E. Hamner, San Antonio, for appellants.

James E. Aderhold, Jed Maebius, Jr., Clarence R. Boatwright, Morriss, Boatwright & Lewis, San Antonio, for appellee.

OPINION

ESQUIVEL, Justice.

This is a will construction case. The sole issue is whether the term "children," as used by Ed M. Wells in Bequest No. 9 of his will, was intended to encompass individuals beyond the first degree of descendancy. The trial court held that the term "children" was intended by Ed M. Wells to be restricted to the first degree of descendancy. As a consequence, the trial court excluded evidence pertaining to the affectionate relationship...

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