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ESTATE OF CLAVERIA v. CLAVERIA

No. B-9421.

615 S.W.2d 164 (1981)

ESTATE of Otha Faye McQuaid CLAVERIA, Petitioner, v. Patricio CLAVERIA, Respondent.

Supreme Court of Texas.

Rehearing Denied March 18, 1981.

Attorney(s) appearing for the Case

Turner, Hitchins, McInerney, Webb and Hartnett, James J. Hartnett, Dallas, for petitioner.

Patricia A. Hill, Charla J. H. Tindall, Dallas, for respondent.

POPE, Justice.

The question presented is whether there is some evidence, more than a scintilla, of a common-law marriage. This case arose as a probate matter in which Patricio Claveria contested the will of Otha Faye McQuaid Claveria. The probate court dismissed the contest after sustaining a plea to abate which stated that Patricio was not an interested person as defined by the Probate Code.1 The trial court concluded that Patricio had...

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