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DIEMER v. DIEMER

No. B14-85-643-CV.

717 S.W.2d 160 (1986)

Winifred DIEMER, et al., Appellants, v. Brick Upton DIEMER, Sr., et al., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied October 2, 1986.

Attorney(s) appearing for the Case

Russell P. Austin, Houston, for appellants.

Sidney Levine, Eugene Pitman, DeLange, Hudspeth, Pitman & Katz, Larkin C. Eakin, Jr., Jackson, Jackson & Eakin, Houston, for appellees.

Before PAUL PRESSLER, SEARS and CANNON, JJ.

OPINION

SEARS, Justice.

This appeal from a declaratory judgment involves the construction of the will of B.P. Diemer and the will and codicil of his wife, Dora Diemer. The trial court determined that appellant James Scott Diemer, natural son of appellant Winifred Diemer and adopted son of Ted Diemer, deceased, was not entitled to take a testate interest pursuant to the terms of B.P. Diemer's will. However, the court held that appellant James Scott Diemer...

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