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BARKER v. ROSENTHAL

No. 01-93-00441-CV.

875 S.W.2d 779 (1994)

David Elmer BARKER, William Key Barker and Robert Charles Barker, Appellants, v. Gail Anne ROSENTHAL, Individually and as Administratrix With Will Annexed of the Estate of Bernice Barker Gale, Deceased, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

May 5, 1994.

Attorney(s) appearing for the Case

Jon Miller, Bryan, for appellants.

C. Leroy Melcher, Houston, for appellee.

Before HUTSON-DUNN, DUGGAN and ANDELL, JJ.

OPINION

HUTSON-DUNN, Justice.

Appellants, David, William, and Robert Barker (the Barkers), appeal from a summary judgment in favor of the appellee, Gail Rosenthal. Rosenthal filed a petition for declaratory judgment asking for construction of the will of Bernice Barker Gale, deceased. On Rosenthal's motion for summary judgment, the trial court found that the decedent's residual estate passed to Rosenthal as a fee simple determinable. In one point of error...

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