HAGAMAN v. MORGAN

No. 05-93-00676-CV.

886 S.W.2d 398 (1994)

Fred Whittington HAGAMAN, Jr.; Betty Ann Long Hopper; Nancy Freeman; Sandra Lacaze; Janet Elliott; Kasey Hagaman; Korey Hagaman; and Holly Hagaman by her next friend, Fred Whittington Hagaman, Jr., Appellants, v. Martha Long MORGAN, Appellee.

Court of Appeals of Texas, Dallas.

Motion to Publish Granted October 12, 1994.

Rehearing Denied October 12, 1994.


Attorney(s) appearing for the Case

John L. Oxley, Madisonville, Stanley J. Krist, Eugene L. Smith, Houston, George M. Adams, Kemp, for appellants.

John B. Kyle, Jack Pew, Jr., Dallas, for appellee.

Before LAGARDE, BARBER and WHITTINGTON, JJ.


OPINION

BARBER, Justice.

This is a will dispute. Appellants appeal the summary judgment granted in favor of appellee. The trial court held that, as used in the will of Kathleen Whittington Hagaman (the Testatrix), the phrase "bodily issue" included an adopted adult. In a single point of error, appellants assert the trial court erred in so holding. Appellants do not claim the summary judgment evidence gave rise to an issue of material fact. Rather, they argue...

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