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  5. 677 S.W.2d 226 (1984)
 

MADDOX v. SURBER

No. 01-84-0303-CV.

677 S.W.2d 226 (1984)

Ned MADDOX, Appellant, v. W.O. SURBER, Appellee.

Court of Appeals of Texas, Houston First District.

Rehearing Denied September 20, 1984.

Attorney(s) appearing for the Case

John F. Heard, Baker & Botts, Erich F. Klein, Jr., Lyne & Klein, Houston, for appellant.

O. Theodore Dinkins, Jr., Butler & Binion, Judith W. Lenox, Butler & Binion, Houston, for appellee.

Before DOYLE, DUGGAN and LEVY, JJ.

OPINION

DOYLE, Justice.

This is an appeal from an order of the probate court admitting a will and codicil to probate in Harris County after overruling a motion contesting venue.

Decedent, Lillian McDonald Maddox, and Ned Maddox resided together as husband and wife in Dallas for many years. They had no children by their marriage, but Mrs. Maddox had a son by a prior marriage who is the appellee. Decedent by will and codicil devised her estate to her...

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