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MARISCAL v. JOHNSON

No. C-777.

626 S.W.2d 737 (1982)

Santa Anna MARISCAL, as Next Friend of Cesar Javier Mariscal, a Minor, Petitioner, v. John C. JOHNSON, Executor of the Estate of L. F. Nittler, Deceased, Respondent.

Supreme Court of Texas.

Rehearing Denied February 10, 1982.

Attorney(s) appearing for the Case

Pena, McDonald, Prestia & Ibanez, Alfonso Ibanez and L. G. Canales, Edinburg, L. Wayne Scott, San Antonio, for petitioner.

Kelley, Looney, Alexander & Sawyer, Ralph L. Alexander and Sidney Meadows, Edinburg, for respondent.

PER CURIAM.

This is a will contest. L. F. Nittler died on February 6, 1979, and John C. Johnson, executor, filed for probate the will executed on September 24, 1971. Santa Anna Mariscal, as next friend of her illegitimate son, Cesar Javier Mariscal, filed a petition to contest the will. She alleged that her son is the natural child of the decedent and, because the will makes no provision for him, he is a pretermitted child entitled to inherit from his father that...

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