Carr v. Rogers

CULVER, Justice.

The duly appointed executors of the estate of Birdie H. Frey brought this suit to have the court construe Mrs. Frey’s holographic last Will and Testament. The only question presented here is whether or not Mrs. Frey died intestate as to a part of the property she owned at the time of her death. The trial court answered this question in the negative. The Court of Civil Appeals, one justice dissenting, reversed, holding that the Will as properly construed did not dispose of the entire estate. 376 S.W.2d 413.1

Mrs. Frey, at the time of her death, had been a widow for a number of…