In re the Estate of Merrick

ON MOTION FOR REHEARING

BOYD, Justice.

The prior opinion of the court is withdrawn and this opinion is issued in lieu thereof. This is a will contest case. A brief resume of the rather complicated history of the case is necessary. Appellee Keith L. Merrick on August 7, 1979 filed suit in the Lubbock County Court to compel appellant Rowena G. Jones and others to produce a will of Frances Edith Merrick, deceased, alleged to have been in their possession. In that same cause, appellant, on August 28, 1979, then made application for letters of administration, alleging that the deceased left no valid…