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LEFTWICH v. AYERS

No. A14-83-040CV.

663 S.W.2d 95 (1983)

Margaret M. LEFTWICH, Individually and as Independent Executrix of the Estate of Gus F. Leftwich, Jr., Deceased and Margaret Ann Summers, Appellant, v. W. Rey AYERS, Jr. and Charles Kellner, Trustees and Independent Executors, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

December 15, 1983.

Attorney(s) appearing for the Case

John T. Forbis, Williams, Forbis & McCoy, Childress, for appellant.

Ronald W. Kesterson, Baker & Botts, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and DRAUGHN and ELLIS, JJ.

OPINION

ELLIS, Justice.

This appeal is based on a judgment which interpreted the will of Richard L. Ayers, deceased. The action below was instituted by appellees, seeking approval of their final accounts, recovery of fees and expenses and construction of portions of the will. The only contested issue at trial and on appeal was the construction of Section 5 of the will. That section of the will read as follows:

On the death of my sister, Helen Ayers...

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