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PACE v. McEWEN

No. 6727.

574 S.W.2d 792 (1978)

Joe Dudley PACE, Appellant, v. John J. McEWEN, Jr., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 29, 1978.

Attorney(s) appearing for the Case

Sam C. Bashara, San Antonio, for appellant.

Law Offices of Pat Maloney, Inc., Pat Maloney, Jack Pasqual, George LeGrand, San Antonio, for appellee.

OPINION

WARD, Justice.

This suit is by John J. McEwen, Jr., as Independent Executor of the Estate of Bessie McEwen Spence, deceased, to recover money from Joe Dudley Pace who had received large gifts from the deceased shortly before her death. The theories of recovery advanced were that the gifts were made to the Defendant while he occupied a position of trust and confidence to the deceased, who lacked mental competence and who acted as a result of his undue...

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