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McCAULEY v. ALEXANDER

No. 5619.

543 S.W.2d 699 (1976)

Elizabeth M. McCAULEY et al., Appellants, v. Paul ALEXANDER, Individually and as Independent Executor of the Will of Doris Permenter, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied December 9, 1976.

Attorney(s) appearing for the Case

Thomas L. Cook, Beard & Kultgen, Waco, for appellants.

John F. Sheehy, Sheehy, Lovelace & Mayfield, Waco, John L. Hill, Atty. Gen. of Tex., Stephen J. Wilkinson, Asst. Atty. Gen., Austin, for appellees.

HALL, Justice.

Mrs. Doris Permenter died in June, 1974. The appellants, her brothers and sisters, are her only heirs. They brought this suit for the construction of her will. The defendants are the executor of the will, the Eden Home For The Aged, Inc. (which is the only beneficiary named in the will), and the Attorney General of Texas (because the Eden Home is a charitable institution within the meaning of Article 4412a, Vernon's Tex.Civ. St.).

The will was...

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