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IN RE MARRIAGE OF SMITH

No. 06-02-00133-CV.

115 S.W.3d 126 (2003)

In the Matter of the MARRIAGE OF Lynn Dale SMITH and Norma Alene Smith.

Court of Appeals of Texas, Texarkana.

Decided August 1, 2003.

Opinion on Rehearing September 8, 2003.

Attorney(s) appearing for the Case

Jack L. Paris Jr., Katherine A. Ferguson, Law Offices of Jack L. Paris, Jr., PC, Greenville, for appellant.

Winonia Griffin, Texarkana, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Justice CARTER.

Lynn Dale Smith (Mr. Smith) appeals the division of property in the decree dissolving his marriage to Norma Alene Smith (Ms. Smith), in which the trial court awarded her seventy-five percent of the retirement benefits Mr. Smith began receiving in 1985. At issue is the legal effect of the residuary clause, Paragraph XII, of the couple's separation and partition agreement entered...

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