The opinion
OPINION ON MOTION FOR REHEARING
Appellees have filed their motion for rehearing complaining principally, that certain factual statements relative to the intent of the testators were considered by this Court in arriving at its opinion. Ap-pellees argue that these facts are not supported by any pleadings and they are not substantiated by any facts proved in the evidence. The appellees admit that such statements were taken from appellant’s brief. These statements were not challenged in any way by appellees in their reply brief.
Rule 419 Texas Rules of Civil Procedure provides that any statement made by an appellant in his original brief as to the facts or the record may be accepted by the court as correct unless the same has been challenged by the opposing party. Since no challenge was made by appellees, this court accepts as correct the factual statements made by appellant in her brief. City of Houston v. Lakewood Estates, Inc., *516 429 S.W.2d 938 (Tex.Civ.App.-Houston 1st 1968, n. r. e.); Rule 419 T.R.C.P.
We have carefully considered appellees’ motion for rehearing and the authorities cited therein. The motion for rehearing is overruled.
SHARPE, J., not participating.