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BUEHLER v. BUEHLER

No. 7086.

323 S.W.2d 67 (1959)

Joy Ruth BUEHLER, Appellant, v. Herbert L. BUEHLER, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied March 31, 1959.

Attorney(s) appearing for the Case

John J. Dobler, Bellaire, for appellant.

Vinson, Elkins, Weems & Searls, R. P. Bushman, Edward R. Smith, Houston, amici curiae in support of appellant.

Croom & Barnes, Houston, for appellee.

FANNING, Justice.

Plaintiff, Herbert L. Buehler was the son and only child of Herbert S. Buehler, deceased, who died intestate on October 13, 1955. Defendant Joy Ruth Buehler was the second wife and surviving widow of Herbert S. Buehler. At the time of his death, Herbert S. Buehler was an employee of J. Weingarten, Inc., and a participant in Weingarten Employees' Profit Sharing Retirement Plan.

The plan provides for certain contributions to the fund to be...

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