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SCHINDLER v. SCHINDLER

No. 05-02-00963-CV.

119 S.W.3d 923 (2003)

Mary and Mike SCHINDLER, Appellants, v. Joseph Eugene SCHINDLER, Co-Trustee of the Ruby K. Schindler Part B Trust, William E. Schindler and Charles Tischler, Independent Co-Executors of the Estate of J.L. Schindler, Deceased, and William E. Schindler, Individually, Appellees.

Court of Appeals of Texas, Dallas.

November 21, 2003.

Attorney(s) appearing for the Case

David N. Mcnees, Sherman, for Appellants.

Lisa Carol Bennett, Gainsville, T. Scott Smith, Smith and Smith, Sherman, for Appellees.

Before Justices MOSELEY, LANG, and LAGARDE.

OPINION

Opinion by Justice MOSELEY.

Mary and Mike Schindler appeal the trial court's denial of their application to probate a second will of Ruby K. Schindler, deceased, as a muniment of title or, alternatively for its admission to revoke Ruby's earlier probated will and codicils. In four issues, they complain Joseph Eugene Schindler (Gene) as trustee of the Ruby K. Schindler Part B Trust did not have capacity...

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