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ALLEN v. PAYNE

No. 7151.

334 S.W.2d 607 (1960)

Lucille E. ALLEN, Guardian of the Person and Estate of Annie F. Beamer, a Person of Unsound Mind, Appellant, v. Elizabeth PAYNE et vir, Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 19, 1960.

Attorney(s) appearing for the Case

Kenley, Sharp, Ritter & Boyland, Longview, Enoch G. Fletcher, Grand Saline, Cornelius & Cornelius, Jefferson, for appellant.

L. F. Burke, Longview, Samuel C. Harris, Gladewater, for appellee.

DAVIS, Justice.

The opinion heretofore handed down in this case on November 3, 1959, is withdrawn and the following opinion is substituted in lieu thereof:

This suit was originally filed by Mrs. Lucille E. Allen, Guardian of the Person and Estate of her mother, Mrs. Annie F. Beamer, against Mrs. Elizabeth Payne and her husband, L. B. Payne. The suit was filed March 17, 1956. Mrs. Allen died April 9, 1956. Mr. Payne died on April 9, 1956. On March 4, 1957,...

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