McNAMARA v. HALL

No. C14-83-417CV.

678 S.W.2d 578 (1984)

Willie Mae McNAMARA, Appellant, v. Gimone HALL, Appellee.

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

June 28, 1984.


Attorney(s) appearing for the Case

William C. Rice, Jr., Houston, for appellant.

James Patrick Smith, Houston, for appellee.

Before JUNELL, MURPHY and SEARS, JJ.


OPINION

SEARS, Justice.

This is an appeal from the order of Probate Court No. 2 of Harris County denying probate of a copy of the will of Timothy Louis McNamara, deceased. Appellant, Willie Mae McNamara, was the wife of the deceased and proponent of the will. The Probate Court improperly assigned Appellant the burden of rebutting the presumption that the Original Will had been revoked by the deceased. We therefore reverse and render judgment for Appellant...

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