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KELLY v. DORSETT

No. 19892.

581 S.W.2d 512 (1979)

Daniel KELLY et al., Appellants, v. Sally Jo Dallas Mallow Kelly DORSETT et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

Calvin A. Barker, Jr., Dallas, for appellants.

Les E. Shackleford, Jr., Dallas, Gerald S. Reamey, Power, Ashley & Kinkeade, Irving, for appellees.

Before AKIN, ROBERTSON and CARVER, JJ.

AKIN, Justice.

Plaintiffs, heirs of James B. Kelly, deceased, sued his independent executrix, Sally Jo Dorsett and others, in 1977 for conspiracy and fraud in disposing of certain assets of the decedent. All defendants filed motions for summary judgment on the ground that the statute of limitations had run because plaintiff knew or should have known of the alleged fraud at the time a final accounting was filed in the probate court on December 17, 1971. Consequently...

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