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KELLEY v. MARLIN

No. C-3429.

714 S.W.2d 303 (1986)

Dr. Robert P. KELLEY, as Independent Executor of the Estate of Paul W. Drummet, et al., Petitioners, v. Bill MARLIN, Respondent.

Supreme Court of Texas.

Rehearing Denied September 10, 1986.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Fred M. Lange, Clarence E. Kendall, Jr. and Roger Townsend, Sellers, Berg & Mathews, W. Harold Sellers, Houston, for petitioners.

Grant Cook, Tom Cordell, Houston, Reynolds, Allen & Cook and Bruce Bennett, Austin, for respondent.

ON MOTION FOR REHEARING

HILL, Chief Justice.

Our opinion and judgment of May 8, 1985 are withdrawn and the following is substituted. The motion for rehearing is granted.

Bill Marlin brought this declaratory judgment action to construe a clause in the will of Paul W. Drummet. The case was tried to the court which rendered a take-nothing judgment against Marlin as to the estate's executor, Dr. Robert P. Kelley, as to the widow of Mr. Drummet, Inez...

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