Clarke v. Clarke

Mr. Judge CRITZ

delivered the opinion of the Commission of Appeals, Section A.

This case is before the Supreme Court on certified questions from the Court of Civil Appeals for the Tenth District at Waco. The certificate is as follows:

“On October 30th, 19(38, Henry J. Caufield, a widower, divided his real estate among his six children. Among other paragraphs in the instrument, the following are pertinent to the. disposition of the questions hereinafter presented. After giving the names of the children .and other data, the instrument states:

“ ‘And whereas, I, the said Henry J. Caufield, desire…