Cluck v. Hester

REAVLEY, Justice.

This original mandamus proceeding seeks an order to the Judge of the 197th District Court to dismiss an application for writ of certiorari, which application attacks an order of the County Court of Cameron County denying the probate of a will. The question is whether Sec. 30 of the Texas Probate Code, V.A.T.S., is presently in force despite the 1973 amendments to Art. V, Sec. 8 of the Texas Constitution, Vernon’s Ann.St., and to Sec. 5 of the Texas Probate Code.

The parties are the grandchild and the children of Joe G. Ballenger, who died on October 8, 1971. The relator is the…