GODWIN v. PATE

No. 05-82-00189-CV.

667 S.W.2d 201 (1983)

Theta Fay Curry GODWIN, Individually and as Independent Executrix of the Estate of Alfred Elzy Godwin, Deceased, Appellant, v. Jesse PATE & Wife, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied January 24, 1984.


Attorney(s) appearing for the Case

Peter L. Bargmann, Walden, Trice & Bargmann, Dallas, for appellant.

Gerry N. Wren, Brice & Barron, Dallas, for appellees.

Before CARVER, STEWART and SHUMPERT, JJ.


SHUMPERT, Justice.

This is an appeal from a summary judgment granting appellees specific performance and denying appellant's counterclaim. The principal question is whether payment of group life insurance proceeds to a creditor who owns the policy, to retire a debt, is payment by the insured debtor's estate, thereby entitling the estate to subrogation against a third party jointly and severally liable for the debt. We hold that it is not, and affirm the judgment....

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