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BOWERS v. TAYLOR

No. 01-05-00667-CV.

263 S.W.3d 260 (2007)

Ruth McLean BOWERS, Marrs McLean Bowman, Bonnie Bowman Korbell, Ruth Bowman Russell, Beth Bowman Harper, Margaret Bowman McMahon, and Barbara Bowman, Appellants, v. Betty Speer TAYLOR, Robert C. Barker, Jr., Charles H. Barker, David T. Speer, T.C. Craighead & Co., and Bank of America, N.A., As Trustee for the Katherine C. Holt Trusts f/b/o Robert C. Barker, Jr., Charles H. Barker, Betty Speer Taylor, David T. Speer, Melanie S. Wiggins, and Margaret S. Carter, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

May 3, 2007.

Attorney(s) appearing for the Case

Ellen Mitchell, Cox Smith Matthews Incorporated, Darrell Roy Jones, James Martin Truss, San Antonio, John B. McFarland, Graves, Dougherty, Hearon & Moody, PC, Austin, for appellants.

Barry F. Cannaday, Martin Patrick Averill, Patton Boggs LLP, Dallas, Andrew Mytelka, Greer, Herz & Adams LLP, Galveston, for appellees.

Panel consists of Justices TAFT, ALCALA, and HANKS.

OPINION

ELSA ALCALA, Justice.

Appellants, Ruth McLean Bowers, Marrs McLean Bowman, Bonnie Bowman Korbell, Ruth Bowman Russell, Beth Bowman Harper, Margaret Bowman McMahon, and Barbara Bowman (collectively Bowers), appeal from the trial court's declaratory judgment that they do not own a one-third interest in a mineral estate that is also claimed by appellees, Betty Speer Taylor, Robert C. Barker, Jr., Charles H.

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