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KLEIN v. KLEIN

No. 20995.

638 S.W.2d 94 (1982)

Annabelle Sholdar KLEIN, Appellant, v. Donald R. KLEIN, Individually and as Independent Executor of the Estate of Joseph H. Klein, Deceased, and Massachusetts Casualty Company, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 26, 1982.

Attorney(s) appearing for the Case

Douglas E. Yeager, Harold B. Berman, Berman, Fitchtner & Mitchell, Dallas, for appellant.

Allen Landerman, James David Brown, Davenport & Brown, Dallas, for appellees.

Before GUITTARD, C.J., and STOREY and ALLEN, JJ.

GUITTARD, Chief Justice.

This suit concerns renewal commissions due from Massachusetts Casualty Insurance Company after the death of its agent, Joseph Klein. His widow, Annabelle Klein, claims the commissions under his will, and his son by an earlier marriage, Donald Klein, claims them as a third-party beneficiary under the agency contract between Joseph and the company.1 After the death of Joseph, the company began paying the commissions...

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