TURNAGE, Chief Judge.
C.W. Jones, Jr., filed a partition suit which by agreement of the parties was treated as a request for declaratory judgment. The question involves the lapse of a devise under a joint and mutual will. The trial court held that the devise lapsed because the devisee predeceased his mother, the surviving testator. Reversed and remanded.
Charles W. Jones, Sr., and Alma Jones were married and had five children. In 1954, Charles and Alma executed...
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