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WEST TEXAS REHABILITATION CTR. v. ALLEN

No. 3-90-196-CV.

810 S.W.2d 870 (1991)

WEST TEXAS REHABILITATION CENTER and John Davidson, Appellants, v. P.J. ALLEN, Carolyn Allen, Raymond Goddard and Betty Goddard, Appellees.

Court of Appeals of Texas, Austin.

June 12, 1991.

Attorney(s) appearing for the Case

David Stubbeman, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, for appellants.

Jill Beckett Cochran, McGinnis, Lochridge & Kilgore, Austin, for appellees.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

KIDD, Justice.

This is a will construction case. Appellees brought a suit for a declaratory judgment construing the will of Golda Mae Allen. The appellees, beneficiaries under the residuary clause of the will, sought a declaration that the independent executor of Allen's estate made an improper and excessive distribution of the estate to West Texas Rehabilitation Center ("WTRC"). The probate court granted appellees' motion for summary judgment and declared that, under...

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