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AUSTIN v. AUSTIN

No. 5046.

553 S.W.2d 9 (1977)

Mildred E. AUSTIN et al., Appellants, v. Victor Leon AUSTIN, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 7, 1977.

Attorney(s) appearing for the Case

Terry L. Belt, Mitchell, George & Belt, Austin, for appellants.

Harriet Samon Owen, Austin, for appellee.

McCLOUD, Chief Justice.

Mildred Austin sued her husband, Victor Austin, for divorce and division of property. Following a nonjury trial, the court orally announced its decision in open court regarding the division of property and entered a notation on the court's docket stating "divorce granted as prayed for." Mildred Austin died before a written order was signed by the court. Following the death of the plaintiff, the defendant, Victor Austin, filed a "Plea in Abatement...

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