Matter of Estate of Jansa

BOYD, Justice.

This is an appeal from an order of the 46th District Court of Wilbarger County which denied a motion for summary judgment filed by appellant Steve Jansa and granted a motion for summary judgment filed by appellee, Hubert Jansa. We affirm the action of the trial court.

As might be expected from the above recitation, the parties have entered into an agreed statement of facts. The pertinent portion of that stipulation reveals that Martha Jansa died testate in Wilbarger County, Texas. On or about June 10, 1959 she executed a will naming her two sons, J.B. Jansa and Hubert Jansa, as…