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KLEIN v. DIMOCK

No. 2-85-057-CV.

705 S.W.2d 408 (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, 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

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

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

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

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

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

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' application for the probate of the 1961 joint and mutual will of L.A. Klein and his wife, Mary Louise Klein, and contest of the probate of L.A. Klein's 1981 will. Appellees are beneficiaries under the subsequent will. Appellants raise four points of error.

We affirm.

On April 27, 1961, L.A. Klein and his wife, Mary Louise, executed a "joint and...

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