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HARRIS v. HINES

No. 06-03-00076-CV.

137 S.W.3d 898 (2004)

Dallas HARRIS, Individually and as Independent Executor of The Estate of Beverly Hines Harris, Deceased, Appellant, v. Libby HINES, Individually and as Executrix of the Estate of Rodney Hines, Deceased, and Bebe Hines Cole, as Trustee for Cy Rickey Hines, Appellees.

Court of Appeals of Texas, Texarkana.

Decided June 8, 2004.

Attorney(s) appearing for the Case

Sam R. Moseley, Attorney At Law, Marshall, for appellant.

Vincent L. Dulweber, Vincent L. Dulweber, PC, Longview, for Libby Hines, Individually and as Executrix of the Estate of Rodney Hines, Decease.

Bailey C. Moseley, Attorney At Law, Marshall, for Bebe Hines Cole as Trustee for Cy Ricky Hines.

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

OPINION

Opinion by Justice ROSS.

This case involves construction of the last will and testament of Beverly Hines Harris. The question in this appeal is whether a devise by Beverly of real and personal property was adeemed because she did not own the property at her death. The trial court found it was not adeemed. We reverse and render judgment that the property was adeemed.

Factual and Procedural Background

Beverly and Richard N. Cole...

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