Citizens First National Bank of Tyler Ex Rel. Richardson v. Rushing

DUNAGAN, Chief Justice.

This is an appeal from a judgment from the 114th Judicial District Court of Smith County, Texas, denying the probate of a lost will. The appellant was named Executor in the will and a carbon copy of said will was secured by appellant from the Honorable J. W. Tyner, an attorney who drew the will.

Appellant filed application to probate the carbon copy of the will, which was contested in the Probate Court of Smith County, Texas. The Probate Court admitted the will to probate. Upon notice of appeal, the case was tried de novo before a jury in the 114th District Court. Upon…