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ROTHERMEL v. DUNCAN

No. A-9542.

369 S.W.2d 917 (1963)

Louis F. ROTHERMEL, Individually and as Independent Executor, Petitioner, v. Sarah R. Rothermel DUNCAN et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 31, 1963.

Attorney(s) appearing for the Case

W. H. Betts, Hempstead, for petitioner.

Roland B. Voight, Williams, Lee & Lee, Houston, McLain & Harrell, Conroe, J. C. McEvoy, Hempstead, for respondents.

SMITH, Justice.

This is a suit filed by Sarah R. Rothermel Duncan et al. in the County Court against Louis F. Rothermel, individually and as independent executor of the estate of Sallie A. Rothermel, contesting the validity of the will of Sallie Rothermel, deceased. On March 7, 1960, trial was held in the County Court, and the contest was denied. Upon the trial of the case in the District Court the plaintiffs pleaded both mental incapacity and undue influence, but...

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