HOLMES v. KENT

No. 04-0729.

221 S.W.3d 622 (2007)

Tommy Joe HOLMES, Petitioner, v. Alan Brad KENT, Individually and as Independent Executor of the Estate of Linda Ann McWhorter, Deceased, and Cassie Elizabeth Kent, Respondents.

Supreme Court of Texas.

April 20, 2007.


Attorney(s) appearing for the Case

Robert Underwood, Robert Collin Underwood, Carthage, James A. Vaught, McCullar & Vaught, P.C., Austin, for petitioner.

Steven M. Dowd, Law Offices of Steven M. Dowd, J. Scott Morris, J. Scott Morris, P.C., Austin, for respondents.

Greg Abbott, Attorney General of Texas, Barbara Bryant Deane, Assistant Attorney General, Harrell Glenn Hall III, Barry Ross McBee, Edward D. Burbach, George C. Noelke, Office of the Attorney General of Texas, Austin, for Amicus Curiae Teacher Retirement System of Texas.


PER CURIAM.

Petitioner Tommy Joe Holmes claims that he is entitled to payments from an optional annuity elected by his deceased ex-wife, Linda Ann McWhorter, as part of her teacher retirement benefits. Her son Alan Brad Kent, who is the executor of her estate and only heir, joined by his ex-wife Cassie Elizabeth Kent1 as respondents, disagree. They argue, first, that McWhorter's designation of them as beneficiaries of her other retirement...

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