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IN RE ESTATE OF OSBORNE

No. 06-02-00167-CV.

111 S.W.3d 218 (2003)

In the ESTATE OF Marie Novelene OSBORNE, Deceased.

Court of Appeals of Texas, Texarkana.

Decided June 13, 2003.

Rehearing Overruled August 5, 2003.

Attorney(s) appearing for the Case

Marc C. Mayfield, Mayfield Weedon, LLP, Longview, for appellant.

Darlene Payne Smith, Crain, Caton & James, PC, Houston, for appellee.

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

OPINION

Opinion by Chief Justice MORRISS.

After a hearing, the trial court granted a summary judgment in favor of Larry and Jerry Osborne and placed the real and personal property of Orlando and Marie Osborne's estate in constructive trust for their benefit. On appeal, Deleese Agee Blackmon and Carolyn Agee Robertson contend the trial court erred by finding the April 12, 1978, last will and testament of Orlando and Marie to be contractual.

On April...

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