Calloway v. Estate of Gasser

MOORE, Justice.

This suit was instituted by First National Bank in Dallas seeking a construction of the last will and testament of Helen Gasser, deceased, acting in its capacity as independent executor. It was stipulated that Helen Gasser died testate in Dallas County, Texas, on February 6, 1975, and that her last will and testament, dated March 20, 1972, had been duly admitted to probate in Dallas County, Texas, on February 24,1975.

The testatrix provided that her estate was to pass to her husband, James P. Gasser, if he survived her, but if he failed to survive her then the estate was to be…