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EMMENS v. JOHNSON

No. 01-95-00673-CV.

923 S.W.2d 705 (1996)

Jacqueline M. EMMENS, in her capacity as administratrix of the Estate of Malcolm C. Emmens, Appellant, v. Marla JOHNSON, Appellee.

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

Rehearing Overruled May 30, 1996.

Attorney(s) appearing for the Case

Linda L. Lelly, L. Celeste Sawhook, Houston, for appellant.

Edward W. Engel, Houston, for appellee.

Before O'CONNOR, WILSON and COHEN, JJ.

OPINION

COHEN, Justice.

Emmens appeals the award of a decedent's profit-sharing plan to appellee Marla Johnson. We reverse and render.

FACTS

Decedent Malcolm Emmens participated in a Prudential-Bache profit-sharing plan that was held solely in his name and named his wife, Marla Johnson, the beneficiary. Decedent and Johnson divorced in 1988. The divorce decree states:

Respondent [decedent...

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