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STEPHENS v. STEPHENS

No. 10-93-268-CV.

877 S.W.2d 801 (1994)

Dorothy J. STEPHENS, Appellant, v. Dennis D. STEPHENS, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied July 15, 1994.

Attorney(s) appearing for the Case

Garry Lewellen, McMillian & Lewellen, P.C., Martin L. Peterson, Stephenville, for appellant.

James E. Crouch, Crouch & White, Hamilton, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

We must decide in this probate case whether the trial judge abused his discretion by refusing to impose a constructive trust on estate property to enforce an earlier contractual will. Because we find that the judge did not act arbitrarily or unreasonably, given the unique facts, we will affirm the judgment.

FACTUAL BACKGROUND

Cyril C. Stephens and Dorothy Jane Stephens were married on December 18, 1971. They made...

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