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IN RE ESTATE OF PEREZ

No. 04-03-00898-CV.

155 S.W.3d 599 (2004)

In re ESTATE OF Mario Delgado PEREZ, Deceased.

Court of Appeals of Texas, San Antonio.

December 15, 2004.

Attorney(s) appearing for the Case

Guadalupe Castillo, C.M. Zaffirini, Zaffirini, Laredo, for appellant.

Fausto Sosa, Law Office of Fausto Sosa, Laredo, for appellee.

Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

In this appeal, we must determine whether a will admitted to probate in Texas was contingent upon the death of the testator during heart surgery, or whether the heart surgery was merely the inducement to the making of the will. Because we conclude the will was contingent upon the testator's death during surgery and he did not die during surgery, the will is not subject to probate. Accordingly, we reverse the...

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