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SANDERS v. CAPITOL AREA COUNCIL

No. 03-95-00389-CV.

930 S.W.2d 905 (1996)

Sylvia SANDERS, Appellant, v. CAPITOL AREA COUNCIL, BOY SCOUTS OF AMERICA, Appellee.

Court of Appeals of Texas, Austin.

September 18, 1996.

Attorney(s) appearing for the Case

Hugh Lowe, Osborne, Lowe, Helman & Smith, L.L.P., Austin, for Appellant.

Kent Allen Caperton, Winstead Sechrest & Minick, P.C., Austin, for Appellee.

Before CARROLL, C.J., and JONES and B.A. SMITH, JJ.

ON MOTION FOR REHEARING

JONES, Justice.

The opinion filed herein on July 17, 1996 is withdrawn, and the following is issued in lieu thereof.

Appellee Capitol Area Council, Boy Scouts of America ("Council") sought to probate the will of Mary Lavinia Griffith ("decedent"). Appellant Sylvia Sanders, the daughter and only heir at law of the decedent, contested the will and, in a separate proceeding, sought a declaration that an irrevocable inter vivos...

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