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HERRING v. BANK OF AMERICA, N.A.

No. 01-04-00276-CV.

176 S.W.3d 513 (2004)

Kaci HERRING, Administratrix of the Estate of Denis Scott Herring, Appellant, v. BANK OF AMERICA, N.A., Appellee.

Court of Appeals of Texas, First District, Houston.

December 9, 2004.

Attorney(s) appearing for the Case

Michael A. Hirsch, Houston, TX, for Appellant.

Steven A. Leyh, Leyh & Payne, L.L.P., Houston, TX, Michael R. Hooper, Addison, TX, for Appellee.

Panel consists of Justices TAFT, NUCHIA, and JENNINGS.

OPINION

TERRY JENNINGS, Justice.

In this probate proceeding, appellant, Kaci Herring, as the administratrix of the estate of her husband, Denis Herring, challenges the trial court's order that any proceeds from the sale of real property owned by the estate be paid to appellee, Bank of America, N.A. (the Bank), before being distributed to satisfy any other claims against the estate, including the claims of appellant and of the decedent's minor daughter. In...

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