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FERGUSON v. FERGUSON

No. 2-01-388-CV.

111 S.W.3d 589 (2003)

Norma FERGUSON, Appellant, v. Larry James FERGUSON as Independent Executor of The Estate of L.J. Ferguson, Jr., Deceased, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearings Overruled May 22 and July 3, 2003.

Attorney(s) appearing for the Case

Moseley Martens, LLP, John L. Freeman, Dallas, for Appellant.

Ben Capelle, Dallas, for Appellee.

Panel A: CAYCE, C.J.; DAY and GARDNER, JJ. CAYCE, C.J. concurs without opinion.

OPINION

ANNE GARDNER, Justice.

This appeal is from a declaratory judgment regarding a surviving widow's ownership rights, as well as her constitutional and statutory homestead interest, in the marital home devised to her by her deceased husband's will. We reverse and render in part, and remand in part.

FACTUAL AND PROCEDURAL BACKGROUND

Norma Ferguson married L.J. Ferguson, Jr. on February 12, 1993. L.J. Ferguson, Jr. died on...

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