Wyatt v. Wyatt

McDONALD, Chief Justice.

The will of Sallie F. Wyatt was probated in the County Court of Tarrant County. Thereafter, Fred H. Wyatt, who is the appellant here, filed a proceeding in the same Court, under authority of Articles 3433-3435, Revised Civil Statutes, to declare invalid certain portions of the will. On appeal the case was tried de novo in the District Court, where, it appears from the record, the case was disposed of in part by sustaining certain special exceptions to appellant’s petition, and in part by rendering judgment upon the evidence adduced.

In Item IV of the will the testatrix…