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JENNINGS v. HILBURN

No. 05-84-00442-CV.

690 S.W.2d 298 (1985)

John W. JENNINGS, et al., Appellant, v. David H. HILBURN, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied April 23, 1985.

Attorney(s) appearing for the Case

John B. Kyle, Henderson, Bryant & Wolfe, Sherman, for appellant.

Jack G. Kennedy, Kennedy, Minshew, Campbell, Cain & Seidlits, Sherman, for appellee.

Before GUILLOT, DEVANY and WILLIAMS, JJ.

WILLIAMS, Justice.

This is an appeal from an order of the trial court admitting a will to probate. Since the record demonstrates conclusively that the proponent of the will failed to timely secure proper notice of the proceedings, we hold that the trial court lacked jurisdiction to admit the will to probate. The judgment is therefore reversed and rendered.

Joe N. Hilburn executed the will in question on September...

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