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DAVIS v. SHANKS

No. 06-94-00031-CV.

911 S.W.2d 390 (1994)

Jesse L. DAVIS, Appellant, v. Ralph SHANKS, Jackie Shanks, and A.C. Garison, Independent Executor of the Estate of Jesse L. Harris, Appellees.

Court of Appeals of Texas, Texarkana.

Decided August 25, 1994.

Attorney(s) appearing for the Case

Ruth Rayner, Dallas, for appellant.

Fred McDaniel, DeSoto, for appellees Mike & Debbie Schaefer and Alice & Wallace Shanks.

Phil Prescott, Prescott & Prescott, Dallas, for appellee A. C. Garison, Independent Executor of the Estate of Jesse L. Harris.

William C. Odeneal, Odeneal & Odeneal, Dallas, for appellees Ralph & Jackie Shanks.

Before CORNELIUS, C.J., and BLEIL and GRANT, JJ.

OPINION

BLEIL, Justice.

Jesse Davis appeals from a summary judgment entered in this declaratory judgment action to construe a will. The principal issues on appeal are whether material issues of fact exist precluding summary judgment, whether the probate court erred in refusing to consider extrinsic evidence of the circumstances, family, and affairs of the testator, and whether the probate court erred in finding that the stock certificates were part of the...

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