In re Caruthers' Estate

COMBS, Justice.

This is a will contest. By will, executed March 11, 1936, the testator, J. E. Car-uthers, devised $25 per month, conditionally, to each of two aged brothers during their life, and the balancé of his estate to charity — $5,000 to Father E. A. Kelley, pastor of St. Anthony Catholic Church, of Beaumont, for the use and benefit of the parochial school of the parish, and the residue of the estate to Bishop C. E. Byrne, •bishop of Galveston, for the use and benefit of the orphans of the diocese of Galr veston. Caruthers was never married. The contestants are certain of his nephews…