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MARTIN v. PALMER

No. 01-98-00816-CV.

1 S.W.3d 875 (1999)

Nina R. MARTIN, Melvin E. Rainey, Marilyn Sinclair, Harvey Arnold, Armond Arnold, Billie Baker, Elsie Baker, Sandra Huse, Ginger Elizabeth Taylor, Michael E. Mathews, Newman Baker, and Claudia Arnold, Appellants, v. Paula PALMER, William H. Patrick, William R. Pogue, Karen Ann Mitchell, and Joe Patrick, Appellees.

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

September 2, 1999.

Attorney(s) appearing for the Case

Tammy C. Manning, Houston, for Appellant.

Jimmy Walker, Houston, for Appellee.

Panel consists of Justices TAFT, NUCHIA, and EVANS.

OPINION

FRANK G. EVANS, Chief Justice (Retired).

This is an appeal from a summary judgment in favor of the plaintiffs. The appellees, who are nieces and nephews of Robert Leslie Pogue, deceased, initiated this declaratory judgment action to obtain a judicial declaration that the phrase "nieces and nephews," as used in the decedent's will, refers only to the decedent's nieces and nephews and not to the nieces and nephews of decedent's wife, Jimmie Kate Foster...

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