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ARMSTRONG v. ROBERTS

No. 08-05-00164-CV.

211 S.W.3d 867 (2006)

Terry L. ARMSTRONG and Ronald Kemp, Appellants, v. J.C. ROBERTS, Deceased and Parties in Interest, Mary Lou Garrison, Richard G. Garrison, and Pamela Buckley, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled February 7, 2007.

Attorney(s) appearing for the Case

Phillip C. Bowen, El Paso, for Appellants.

Dan Sullivan, Andrews, for Appellees.

Before CHEW, C.J., McCIURE, J., and BARAJAS, C.J. (Ret.) (BARAJAS, C.J. (Ret.), sitting by assignment, not participating).

OPINION

ANN CRAWFORD McCLURE, Justice.

Terry L. Armstrong and Ronald Kemp (collectively Armstrong) appeal a declaratory judgment in favor of their aunt, Mary Lou Garrison. We affirm in part and reverse in part.

FACTUAL SUMMARY

This controversy surrounds the death of John C. Roberts on February 3, 2003. Roberts fathered two daughters, Mary Lou Garrison and Mamie Jo Kemp. In 1994, Roberts...

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