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KLEIN v. DIMOCK

No. 2-85-056-CV.

705 S.W.2d 405 (1986)

Lawrence W. KLEIN and Jimmy L. Klein, Appellants, v. Lee DIMOCK and Bill Holman, Co-Executors of the Estate of L.A. Klein, Lee Dimock, Marcella Dimock, St. Mary's Catholic Church of Henrietta, Children's Playground Fund of St. Mary's Catholic Church of Henrietta, Catholic Church of Jacksboro, Texas, St. Theresa's Homes of Fort Worth, Scottish Rites Hospital, St. Joseph's Center of Dallas, North Texas Rehabilitation Foundation, Inc. of Wichita Falls, Clay County Memorial Hospital, the Attorney General of Texas, Jana Beth Klein, Jennifer Klein and Mary Sue Klein, Appellees.

Court of Appeals of Texas, Fort Worth.

March 19, 1986.

Attorney(s) appearing for the Case

Towery & Sutherland, Richard T. Sutherland, Wichita Falls, for appellees Lee Dimock and Bill Holman, Co-Executors.

Banner, McIntosh & Dobbs, Jack Banner, Wichita Falls, for appellees Lee Dimock and Marcella Dimock.

Crumley, Murphy & Shrull, John W. Crumley and Michael W. Kelly, Forth Worth, for appellees St. Mary's Catholic Church, Childrens' Playground Fund of St. Mary's Catholic Church, Catholic Church of Jacksboro, Tex., St. Theresa's Homes and St. Joseph's Center.

Leonard E. Choate, Dallas, for appellee Scottish Rites Hosp.

Jim Mattox, Atty. Gen., David R. Richards, Executive Asst., and Lance Beversdorff, Asst. Atty. Gen., Austin, for appellee Atty. Gen. of Texas.

Neil, Hartman & McRae, Karen E. McRae, Dallas, for appellants.

Before FENDER, C.J., and HILL and HOPKINS, JJ.

OPINION

HILL, Justice.

This is an appeal from a judgment by the trial court dismissing appellants' petition contesting the 1981 will of L.A. Klein. Appellees are beneficiaries of this will. Appellants raise three points of error.

We affirm.

On April 27, 1961, L.A. Klein and his wife, Mary Louise, executed a "joint and mutual" will (the 1961 will) wherein the survivor was bequeathed the entire estate and upon the survivor's death, the remainder...

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