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TINDALL v. STATE BY & THROUGH TEX. DEPT., ETC.

No. 04-82-00367-CV.

671 S.W.2d 691 (1984)

Heber TINDALL, A Guardian of the Estate and Person of Mary Tindall Clore, N.C.M., Appellant, v. The STATE of Texas, Acting By and Through the TEXAS DEPARTMENT of MENTAL HEALTH and MENTAL RETARDATION, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied June 1, 1984.

Attorney(s) appearing for the Case

William E. Hooks, Jr., San Antonio, for appellant.

James S. Wilkins, San Antonio State Hospital, Legal and Claims Div., San Antonio, for appellee.

ESQUIVEL, REEVES and TIJERINA, JJ.

OPINION

ESQUIVEL, Justice.

The issue in this appeal is whether attorneys' fees incurred in the defense of bill of review proceedings filed by the State of Texas acting through its Department of Mental Health and Mental Retardation (the State) should be disbursed from the estate of an incompetent ward. Heber Tindall, guardian of the person and estate of Mary Tindall Clore and appellant herein, filed a motion for disbursement of these funds. The State opposed...

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