Burke v. Jackson

Mr. Judge TAYLOR

delivered the opinion of the Commission of Appeals, Section B.

This case originated in county court by the filing by Benjamin A. Denney of an application on behalf of Mrs. L. D. Burke to probate the will of Mrs. Mary B. Jackson. Contest was filed by Fred C. Jackson, her surviving husband. Probate was denied. Appeal was heard in the district court, where probate was again denied. On appeal to the Court of Civil Appeals the same result was reached except that the affirmance of the district court’s judgment denying probate was by a divided court. 65 S. W. (2d) 430. The will,…