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DERRICK v. McGREW

No. 9017.

636 S.W.2d 860 (1982)

Laura DERRICK, Appellant, v. Estate of James B. McGREW, Deceased, Appellee.

Court of Appeals of Texas, Texarkana.

July 13, 1982.

Attorney(s) appearing for the Case

Howard A. Lang, Jr., Donisi & Lang, Houston, for appellant.

Keith Marks, Law Office of Keith Marks, Dallas, for appellee.

BLEIL, Justice.

This will contest case presents one critical issue: can a court proceed to probate a will even though administration proceedings concerning the same estate previously have been commenced in another court? Our answer, no, dictates that the case be reversed and that the application for probate be dismissed.

On February 6, 1977, James McGrew died, leaving a widow, Kathleen McGrew, and one child, Laura...

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