Johnson v. Hewitt

COLEMAN, Chief Justice.

This is a probate matter. The District Court of Harris County in an appeal from a bill of review filed in the Probate Court entered a judgment, after a trial to the court without a jury, setting aside the probate of the will of Viola Nathan Smith dated March 9, 1966, and ordered the probate of a previous will dated November 9, 1964. The judgment of the District Court was based on his conclusion of law that the will was a conditional one, and his finding of fact that the devisee in the will had failed to comply with a condition precedent.

On June 23, 1970, Mrs. Jewel…