Evans v. Evans

POPE, Justice.

James W. Evans, Jr., and Kathleen Bur-ket, have appealed from a summary judgment which construed the holographic will of their mother, Kitty Clark Evans. The judgment of the trial court was that the will vested the property in the testatrix’s husband, James W. Evans, Sr., the father of appellants. The issue upon which the parties meet is whether the words which appear after Kitty Clark Evans’ signature are mandatory or precatory. In our opinion the judgment should be affirmed. The will is as follows:

“The State of Texas'

County of Bandera

Known all men

by these presents that I,…