Estate of McDaniel, Matter Of

OPINION

STARR, Justice.

This is a will contest case. The trial court sustained pleas in abatement and ordered dismissal, from which orders appellant brings this appeal. The appeal presents the question of whether appellant is estopped to contest the will because of the acceptance of benefits under the will. A further question is presented as to whether appellant lost standing as an interested party by such acceptance of benefits.

William G. McDaniel died on August 31, 1994. He was not married at the time of his death, and was survived by his only two children, appellant Kenneth G. McDaniel…