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IN RE GRAHAM

No. 97-0684.

971 S.W.2d 56 (1998)

In Re Samuel R. GRAHAM, successor guardian of The Estate of Richard M. Milton, an incapacitated person, Relator.

Supreme Court of Texas.

Decided June 5, 1998.

Attorney(s) appearing for the Case

Hugh Lowe, Samuel R. Graham, Austin, for Relator.

Amie Rodnick, Austin, for Respondent.

HANKINSON, Justice, delivered the opinion for a unanimous Court.

In this original proceeding, we decide whether a statutory probate court has the authority to transfer to itself from district court a divorce action when one spouse is a ward of the probate court. Section 608 of the Texas Probate Code authorizes a statutory probate court to transfer to itself a matter appertaining or incident to a guardianship estate. The court of appeals conditionally issued a writ...

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