PENLAND v. AGNICH

No. 05-95-01427-CV.

940 S.W.2d 324 (1997)

Joe L. PENLAND, Robert B. Penland, Jr., Carol Penland Fleming, and Michael McLaughlin, Appellants, v. Brooksie P. AGNICH, Patricia M. Granderson, and Mary E. McLaughlin, Appellees.

Court of Appeals of Texas, Dallas.

February 11, 1997.


Attorney(s) appearing for the Case

Will S. Montgomery, M.D. Sampels, Jenkens & Gilchrist, P.C., Dallas, for Appellants.

John E. Agnew, Carter, Jones, Magee, Rudberg & Mayes, Dallas, R.W. Calloway, Turner, Rodgers, Calloway & Norris, Dallas, for Appellees.

Before KINKEADE, WHITTINGTON and HANKINSON, JJ.


OPINION

KINKEADE, Justice.

This is a will construction case. Appellants contend the trial court erred in granting a partial summary judgment that declared the term "lawful issue," as used in a will executed in 1945, included appellees, who are adopted. Because we conclude the trial court properly construed the will, we affirm the trial court's judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On August 10, 1945, J.M. Penland (Penland) executed...

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