Wilkins v. Garza

OPINION

TIJERINA, Justice.

This is an appeal from a summary judgment. Appellee initiated the lawsuit, seeking construction of the will of Herlinda Garza, deceased, and to ascertain the legal effect of a lapsed bequest. The trial court ruled that appellees were entitled to summary judgment as a matter of law. We agree.

Herlinda Garza executed a will designating her niece, Elma 0. Garza, as the beneficiary of her properties in Rio Grande City. To her three nephews, Pablo Garza, Juan De Dios Garza and Santiago Garza, she bequeathed her rural properties in Starr County on a share and share alike…