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LIPSEY v. LIPSEY

No. 10-83-250-CV.

660 S.W.2d 149 (1983)

Robert Don LIPSEY, Appellant, v. Waldine F. LIPSEY, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied November 17, 1983.

Attorney(s) appearing for the Case

J.E. Jackson, Bobby J. Phillips, Jackson & Phillips, Carthage, for appellant.

Bob J. Cavender, Stephen L. Swanson, Cavender & Swanson, Pasadena, for appellee.

OPINION

THOMAS, Justice.

The central question presented by this appeal is: does Appellant's will contest constitute a claim for affirmative relief within the provisions of Rule 164?1 We answer the question in the negative and affirm.

Appellee filed an application to probate the will of her husband in the county court of Leon County. Appellant, the decedent's son, filed a will contest, which asks the trial court in the...

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