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FINKE v. WHEATFALL

No. 1647.

565 S.W.2d 386 (1978)

Albin FINKE, Appellant, v. Gloria WHEATFALL et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 17, 1978.

Attorney(s) appearing for the Case

Charles E. Fitch, DeLange, Hudspeth, Pitman & Katz, Houston, for appellant.

Michael Crawford, Fender & Crawford, Houston, Oliver S. Kitzman, Brookshire, William F. Jackson, Claude B. Lilly, Hempstead, Ben L. Adams, Jr., Houston, for appellees.

J. CURTISS BROWN, Chief Justice.

Mary Valentine and the collateral heirs of Dan Gaston filed a petition to partition the Dan Gaston 50-acre tract of land in Waller County, Texas. Valentine alleged that she was the owner of an undivided one-half interest in the tract as the devisee under the will of one Pearlie Steptoe Gaston. Certain alleged collateral heirs of Dan Gaston claimed ownership in the other one-half by virtue of the statute of descent and distribution...

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