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SALES v. PASSMORE

No. 08-89-00314-CV.

786 S.W.2d 35 (1990)

Jack R. SALES, Appellant, v. John G. PASSMORE, Co-Independent Executor of Grace Sales, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled March 14, 1990.

Attorney(s) appearing for the Case

Edward Dunbar, Christie, Berry and Dunbar, El Paso, for appellant.

Phillip C. Bowen, Johnson & Bowen, El Paso, for appellee.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.

OPINION

FULLER, Justice.

Appellee was named in a will as co-independent executor. The will was admitted to probate and letters testamentary were issued without any contest. Appellant, a legatee under the will, thereafter sought to remove Appellee on the grounds that at the time the will was probated and the appointment of Appellee as co-independent executor, the Appellee was a convicted felon; therefore, he was disqualified from serving as an independent...

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