Mariscal Ex Rel. Mariscal v. Johnson

This is a will contest. L. F. Nittler died on February 6, 1979, and John C. Johnson, executor, filed for probate the will executed on September 24,1971. Santa Anna Maris-cal, as next friend of her illegitimate son, Cesar Javier Mariscal, filed a petition to contest the will. She alleged that her son is the natural child of the decedent and, because the will makes no provision for him, he is a pretermitted child entitled to inherit from his father that portion of the estate to which he would be entitled if the decedent had died intestate. Tex.Prob.Code Ann. § 67(b). The trial court declared…