Hilburn v. Jennings

This appeal is from an order of the trial court admitting a will to probate. The court of appeals reversed and rendered judgment that the trial court lacked jurisdiction because the proponent of the will, David H. Hilburn, failed to timely procure issuance of citation. 690 S.W.2d 298. Pursuant to Rule 483, Tex.R.Civ.P., we grant the writ of error and, without hearing oral argument, reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Joe N. Hilburn executed the will in question on September 29, 1970, leaving David H. Hilburn, his nephew, an interest in his…