JONES v. CHAMBERLAIN

No. 9542

733 S.W.2d 276 (1987)

H.B. JONES, Elmer Lee Jones and Johnny J. Jones, Appellants, v. Betty CHAMBERLAIN and Juliette Fowler Homes, Inc., Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied June 2, 1987.


Attorney(s) appearing for the Case

James R. Rodgers, Lovett & Rodgers, Paris, for appellants.

Frank Bauer, Chapman, Price, Hughes & Bauer, Sulpher Springs, for Betty Chamberlain.

Marc W. Joseph, Carrington, Coleman, Sloman & Blumenthal, Dallas, for Juliette Fowler Homes.


BLEIL, Justice.

H.B. Jones, Elmer Jones, and Johnny J. Jones appeal from a summary judgment granted in favor of Betty Chamberlain and Juliette Fowler Homes, Inc. in an action for a declaratory judgment to construe a will. The trial court determined that the 1962 will of R.L. and Pearl Lindley was contractual and imposed a constructive trust on assets which had passed upon the death of Pearl Lindley. We agree with the trial court's determinations and affirm.

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