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KEEN v. WEAVER

No. 01-0447.

121 S.W.3d 721 (2003)

Patsy KEEN, Petitioner, v. Diana WEAVER, Independent Executrix of the Estates of Francis J. Weaver and Rita Marie Wilson Weaver, Respondent.

Supreme Court of Texas.

Decided June 19, 2003.

Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Cynthia Keen Perlman, Pascal Paul Piazza, Zukowski & Bresenhan, Houston, for petitioner.

Steven W. Sloan, Russell George Gully, Thompson & Knight LLP, Steven J. Pawlowski, for respondents.

Justice O'NEILL delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice ENOCH, Justice SCHNEIDER and Justice SMITH joined.

In this case, an ERISA pension plan participant designated his wife as the plan's primary beneficiary. The couple later divorced and, in an agreement incorporated in the divorce decree, the former wife waived any interest in the plan, agreeing that it would be the participant's sole property. When the participant died some...

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