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COLEMAN v. WINN COLEMAN, INC.

No. 01-01-00656-CV.

110 S.W.3d 104 (2003)

Marilyn M. COLEMAN Individually and as Administrator of the Estate of Earl D. Coleman, Appellant, v. WINN-COLEMAN, INC., B.W. Moore, and Peter Workin, Appellees.

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

April 17, 2003.

Attorney(s) appearing for the Case

J.W. Beverly, Dow Golub Berg & Beverly, LLP, Houston, TX, for Appellant.

Richard A. Fulton, Coats, Rose, Yale, Ryman & Lee, Glenn R. LeMay, DiCecco, Fant & Burman, Houston, TX, for Appellee.

Panel consists of Justices TAFT, KEYES, and HIGLEY.

OPINION

EVELYN V. KEYES, Justice.

This is an appeal from a summary judgment rendered in favor of appellees, Winn-Coleman, Inc. ("WCI"), B.W. Moore, and Peter Workin, and against appellant, Marilyn M. Coleman. The central issue in this case is whether a surviving spouse is required to obtain a judicial declaration of heirship to sue to recover community property in the form of a promissory note made payable solely to the deceased spouse. Finding that no declaration...

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