Richardson v. Poe

McDONALD, Chief Justice.

This suit, brought under the Uniform Declaratory Judgments Act, Art. 2524-1, Vern.Tex.Civ.St., requires a construction, of the will of A. J. Dukes, which was probated in 1922.

At the time the will was written the testator’s wife was dead. Three children had been born to him. Two’ of them, Roberta Richardson and Lon S. Dukes, were alive when the will was written, but the other, Lena Dukes Poe, was dead. Appellee A. J. Poe was her only child.

The three beneficiaries expressly named in the will were the testator’s living children, Roberta Richardson and Lon S. Dukes, and…