O'BRIEN v. Stanzel

POPE, Justice.

The question presented is whether the trial court should have dismissed with or without prejudice an action for the probate of a will when the proponents moved for a nonsuit after all of the parties to this three-sided suit had closed. The court of civil appeals reversed the trial coúrt’s order dismissing the action without prejudice and rendered judgment dismissing the application to probate with prejudice. 584 S.W.2d 577. We affirm the judgment of the court of civil appeals.

Elizabeth Chesbro filed her application for the probate of Frank Stelzig’s will dated September 16,1971.…