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PERRY v. HINSHAW

No. C-986.

633 S.W.2d 503 (1982)

Vera PERRY, Petitioner, v. Walter HINSHAW, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied June 23, 1982.

Attorney(s) appearing for the Case

Kennedy, Minshew, Campbell, Cain & Seidlits, Robert W. Minshew and Jack G. Kennedy, Sherman, David F. Morris, Dallas, for petitioner.

Barlow, Gardner, Tucker & Garsek, James B. Barlow and Gloria I. Rice, Fort Worth, for respondents.

CAMPBELL, Justice.

This is a declaratory judgment suit for construction of the will of Lydia Hinshaw. The will created a life estate in Hattie Peterson to the income from rental property. Vera Perry seeks judgment for fee simple title to all the rental property under the following paragraph:

THIRD: Upon the death of HATTIE PETERSON, I direct that the real property from which the said HATTIE PETERSON, was receiving the rentals during her life time, be divided...

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