Holmes v. West

Miller, Judge:

Upon an issue devisavit vel non tried before a jury the verdict upon which the decree of March 10, 1916, cora-*327plained of, was rendered, was that the paper writing in controversy and which was admitted to probate in the clerk’s office of the county court of Tyler county, on October 15, 1895, as and for his last will and testament, was in fact the true last will and testament of Marcus M. Holmes, deceased.

Plaintiff and .contestant who filed the bill is the son of the testator, unborn at the date of the decree divorcing father" and mother. The date of his birth was August 17, 1892;…