Bernice Haupt James v. Lodell Jackson Haupt

This is a will contest. Appellee, Lodell Jackson Haupt, filed an application in the County Court of Gregg County, Texas, seeking to have the will of her deceased husband, C. P. Haupt, Sr., admitted to probate. The will was dated September 23, 1976. Two of the adult children of her deceased husband by a former marriage, Clarence Philip Haupt, Jr., and Berenice Haupt James, appellants, hereinafter referred to as Contestants, contested the application to probate the will and in lieu thereof applied for the probate of an earlier will dated April 1, 1976. By agreement of the parties, the cause in its entirety was transferred to the District Court of Gregg County for trial. The cause was subsequently tried before a jury. Pursuant to the jurys findings, the trial court entered judgment on the verdict in favor of appellee, hereinafter referred to as Proponent, admitting to probate the September 23, 1976 will, and denying the Contestants application to probate the instrument dated April 1, 1976. From such order and judgment Contestants perfected this appeal.