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MORRIS v. ESTATE OF WEST

No. 11-82-032-CV.

643 S.W.2d 204 (1982)

Jackson C. MORRIS, Appellant, v. The ESTATE OF C.K. WEST, Deceased, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied December 16, 1982.

Attorney(s) appearing for the Case

Chester G. Ball, Ball, Landrith & Kulesz, Jack Harris, Atty. at Law, Arlington, for appellant.

J. Lyndell Kirkley, Beale Dean-Shelby Sharpe-Brown, Herman, Scott, Dean & Miles, Fort Worth, Frank Jennings, Jennings, Dies & Turner, Graham, Win Hooper, Robert D. Maddox, Atty. at Law, Fort Worth, William G. Thompson, Atty. at Law, Breckenridge, John McBryde, McBryde, Bogle & Green, Attys. at Law, Fort Worth, Edward B. Winn, Atty. at Law, Dallas, for appellee.

DICKENSON, Justice.

This is a probate matter involving a will and codicil which contained proper attestation clauses and self-proving affidavits. Although they appeared to have been properly executed, the jury found that the two attesting witnesses were not in the presence of the testator when the witnesses signed their names to the will and codicil. Judgment on the verdict denied probate and declared that neither document has any testamentary effect. We affirm.<...

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