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COTTEN v. COTTEN

No. 05-04-01177-CV.

169 S.W.3d 824 (2005)

Neel COTTEN, Individually and as Beneficiary of the Dennis M. Cotten Trust Created Under the Last Will and Testament of Dennis M. Cotten, Deceased, Cause No. 68-2694-P2(B) in Dallas County, Texas, Appellant v. George F. COTTEN, Individually and as General Partner in the Cotten Family Limited Partnership, and George F. Cotten, Independently, Executor of the Estate of Frances M. Cotten, Deceased, Cause No. 01-4441-P, Appellee.

Court of Appeals of Texas, Dallas.

August 24, 2005.

Attorney(s) appearing for the Case

Lawrence L. Beason, Mineola, for appellant.

John Alan Goren, Robert K. Dowd, Robert K. Dowd, P.C., Dallas, for appellee.

Before Justices MORRIS, LANG, and MAZZANT.

OPINION

Opinion by Justice MORRIS.

This case involves a dispute between two brothers over family assets. Neel Cotten brought this suit against his brother George F. Cotten, alleging George applied undue influence over their late mother Frances Cotton when she executed her final will and living trust, created the Cotten Family Limited Partnership, and conveyed substantial family assets into the partnership. He also alleged his mother conveyed properties to...

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