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EDWARD C. REICHE v. MRS LILLIE WILLIAMS.

Trial — Writ of Error — Appeal and Error.

Where an issue has been submitted and determined by the trial court and the record, including appellant's brief in the Court of Civil Appeals, shows no procedural error in the trial of the case, it was proper for the Court of Civil Appeals to affirm the trial court's judgment, even though it gave an erroneous reason for doing so, and an application for writ of error will be refused for want of merit.

MR. CHIEF JUSTICE ALEXANDER delivered the opinion of the Court.

We are not in accord with the holding of the Court of Civil Appeals that the evidence did not raise the issue of the mental incapacity of the testatrix to make the will. However, that issue was submitted to the jury and determined adversely to the contestant, and judgment was entered probating the will. The Court of Civil Appeals affirmed that judgment. 183 S.W.2d 587. We have carefully examined the record, including appellant's brief in the Court of Civil Appeals, and find no procedural error in the trial of the case. Therefore the Court of Civil Appeals properly affirmed the judgment of the trial court, even though it gave an erroneous reason therefor. The application for a writ of error is therefore "Refused for Want of Merit."

Opinion delivered January 31, 1945.

Rehearing overruled February 28, 1945.

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REICHE v. WILLIAMS
(Jan 31, 1945)