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CONTE v. CONTE

No. 01-98-00651-CV.

56 S.W.3d 830 (2001)

Joseph P. CONTE, Jr., Appellant, v. Susan C. CONTE, Appellee.

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

August 30, 2001.

Attorney(s) appearing for the Case

Wesley S. Coddou, Coddou & Coddou, Houston, for appellant.

Steven J. Watkins, McGinnis, Lochridge & Kilgore, L.L.P., Houston, for appellee.

M. Jimmy Walker, Randall Lamb, Dinkins, Kelly, Lenox & Lamb, L.L.P., Houston, for other interested parties.

Panel consists of Justices MIRABAL, JENNINGS, and DUGGAN.

OPINION

DUGGAN, Justice (Retired).

This is an appeal of two summary judgments, awarded in a declaratory judgment action. In the first summary judgment, the trial court ruled that an action by one co-trustee to remove another would not violate the "in terrorem" or "no contest" clause in the trust. In the second, the trial court ruled that the co-trustee who defended the action was not entitled to be reimbursed...

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