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O'NEILL v. ALFORD

No. 15966.

485 S.W.2d 935 (1972)

E. J. O'NEILL, Executor of the Estate of Alice Pearl Marshall, Deceased, Appellant, v. Kenneth R. ALFORD, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

October 19, 1972.

Attorney(s) appearing for the Case

E. J. O'Neill, Houston, for appellant.

Milton Schwartz, Houston, for appellee.

PEDEN, Justice.

Mr. Alford brought this suit for a declaratory judgment against Mr. O'Neill, the executor of the will of Mrs. Alice Marshall, asserting that as devisee of 69 shares of Eastman Kodak Co. stock he is entitled to receive the shares resulting from a two-forone stock split effected by Eastman Kodak after execution of the will but before the death of Mrs. Marshall.

After a non-jury hearing, the trial court entered a judgment awarding the shares in...

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