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  5. 748 S.W.2d 218 (1988)
 

PERFECT U. LODGE NO. 10 v. INTERFIRST BANK

No. C-5682.

748 S.W.2d 218 (1988)

PERFECT UNION LODGE NO. 10, A.F. AND A.M., OF SAN ANTONIO, Petitioner, v. INTERFIRST BANK OF SAN ANTONIO, N.A., Guardian of the Estate of Cornelia W. Lumpkin, an Incompetent Person, Respondent.

Supreme Court of Texas.

Dissenting Opinion April 20, 1988.

Rehearing Denied May 11, 1988.

Dissenting Opinion on Rehearing June 22, 1988.

Attorney(s) appearing for the Case

Elwood Cluck, San Antonio, for petitioner.

Allan G. Paterson, Jr., and Henry J. Amen, III, Bayern, Paterson, Aycock & Amen, P.C., Richard Tinsman, Tinsman & Houser, Inc., San Antonio, for respondent.

ROBERTSON, Justice.

This is a suit to construe the will of an attorney, A.H. Lumpkin. The pertinent provisions of his will are as follows:

IV.

I give, devise and bequeath to my beloved wife, Cornelia Lumpkin, all property of every kind and character I may own at my death, including real, personal and mixed, wheresoever situated, except the foregoing property given to her absolutely, for and during her natural life, to have the use and benefit...

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