Tinney v. Carpenter

HUGHES, Justice.

This is a “lost” will case. The decedent is W. I. Tinney, who died February 19, 1959, while domiciled in Cherokee, San Saba County. Surviving him were his wife, Mrs. Frankie Tinney, their four children, Mrs. Cora B. Carpenter, Clifton Arthur Tinney, D. A. (Dorr) Tinney and Thomas Milton Tinney.

On June 18, 1959, Mrs. Frankie Tinney filed an application in the County Court of San Saba County to probate the will of her husband in which she alleged:

“That said will was lost or destroyed after the same was duely executed by deceased and your petitioner.

“5. That the contents of said…