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SOMER v. BOGART

No. 05-87-00689-CV.

749 S.W.2d 202 (1988)

Joseph SOMER and Phyllis Somer, Appellants, v. Theodore BOGART, Lynn Bogart, and Irene Warsaw, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied May 6, 1988.

Attorney(s) appearing for the Case

Dennis N. Ryan, Retta A. Miller, Dallas, for appellants.

Robert B. Cousins, Jr., Suzanne Bass, Bruce E. Longenecker, Dallas, for appellees.

Before DEVANY, STEWART and ROWE, JJ.

ROWE, Justice.

Joseph Somer and Phyllis Somer, as husband and wife (the Somers), appeal an order of the trial court awarding title to a parcel of land in Dallas, Texas, pursuant to a resulting trust, to Theodore Bogart, Lynn Bogart, Irene Warsaw, and Phyllis Somer (the Bogart beneficiaries), devisees under the wills of Allen and Gertrude Bogart, both deceased. In two points of error, the Somers urge: (1) that the trial court erred in failing to instruct the jury that...

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