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EISEN v. CAPITAL ONE, NATIONAL ASSOCIATION

No. 09-06-491 CV.

232 S.W.3d 309 (2007)

Elizabeth EISEN, Appellant, v. CAPITAL ONE, NATIONAL ASSOCIATION f/k/a Hibernia National Bank, Suanne Eisen Lubin, and Dan Eisen, Appellees.

Court of Appeals of Texas, Beaumont.

Decided August 2, 2007.

Attorney(s) appearing for the Case

Christopher J. Weber, Kristine Arlitt, William D. Crist, Law Offices of Christopher J. Weber, LLC, San Antonio, for appellant.

Bruce Partain, S.L. Greenberg, Nancy Y. Hart, Wells, Peyton, Greenberg & Hunt, L.L.P., Beaumont, for appellees.

Before McKEITHEN, C.J., GAULTNEY and KREGER, JJ.

OPINION

STEVE McKEITHEN, Chief Justice.

This is an appeal from a summary judgment in a declaratory judgment action which sought construction of the will of Irving Eisen. Elizabeth Eisen raises one issue on appeal. We reverse and render.

BACKGROUND

Irving Eisen died on October 4, 1999. In a will executed on September 3, 1998, Eisen left his interest in his residence and his assets held in trust at Chase Bank of Texas, N.A.

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