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STATE v. WHITAKER

No. 10-81-070-CV.

638 S.W.2d 189 (1982)

The STATE of Texas, Appellant, v. Comer WHITAKER, Guardian of the Estates of Charles W. Burrow, N.C.M., and James W. Burrow, N.C.M., Appellee.

Court of Appeals of Texas, Waco.

July 29, 1982.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Edward G. Garvey, Asst. Atty. Gen., James T. Herod, Claims Rep. Supervisor, Austin, Robert A. Jircik, Claims Representative, Texas Dept. of Mental Health & Mental Retardation, Houston, for appellant.

Irving Lou Bates, Houston, for appellee.

OPINION

CHASE, Justice.

In December 1977 Muriel Valerie Burrow died in Harris County, Texas leaving a will in which she named Appellee, Comer Whitaker as Executor and as Guardian of the person and estate of her two sons, Charles W. Burrow and James W. Burrow. Both of her sons are non compos mentis and are residents of the Mexia State School, a residential care facility for the mentally retarded operated by the Department of Mental Health and Mental Retardation...

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