Matter of Rogers

OPINION ON REHEARING

The Appellant, Dollie R. Shelton, in her motion for re-hearing, challenges our affir-mance of the opinion below on the basis that there was no evidence that any part of the 1988 document was in the handwriting of Annie B. Rogers. We find this contention without merit.

Points of error not raised in a party’s appeal cannot be raised for the first time on rehearing. Story Services, Inc. v. Ramirez, 863 S.W.2d 491, 505-06 (Tex.App.-El Paso 1993, writ denied). Though Shelton contended in her brief that there was no evidence supporting the trial court’s finding that the 1988 document effected a revocation of the earlier instrument, her argument for this position was that

1) “the document was not wholly in the handwriting of Annie B. Rogers,” and therefore not capable of being probated as a holographic will, and,
2) there was neither an attestation clause nor any other of a number of enumerated requirements needed to make effective the will as a duly witnessed document.

At no point did Shelton specifically urge that the error in the judgment below was that Appellee Raymond Rogers failed to provide evidence that that portion of the document purporting to be in Annie Roger’s handwriting was, in fact, Annie Roger’s handwriting. Such contention cannot be raised on Motion for Rehearing for the first time.

Furthermore, it appears from this record that all counsel stipulated that the 1988 document was a holographic will, which, however, was not a valid testamentary instrument because it contained interlineations by an undisclosed third party. As stated above, Shelton’s contention that “the document was not wholly in the handwriting of Annie B. Rogers” implicitly supplies probative evidence *379that the testator drafted the 1988 document revoking the 1959 will.

The motion for re-hearing is overruled.