McCALL v. SMITH

No. 14-07-00032-CV.

252 S.W.3d 663 (2008)

Mary Linda McCALL, Appellant, v. David Wayne SMITH, Ryan Dylan Williams, Anna Elaine Harris, and Dana L. Mayor (f/k/a Dana L. Monford), Individually and as Temporary Administrator of The Estate of Leslie H. Williams, Jr., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled May 29, 2008.


Attorney(s) appearing for the Case

Tom C. McCall, Austin, for appellant.

William S. Chesney III, for David Smith and Dana Monford.

Gary F. Cerasuolo, Harold N. May, Michael J. Cenatiempo, William S. Chesney, III, Houston, for appellees.

Panel consists of Justices YATES, GUZMAN, and BROWN.


OPINION

EVA M. GUZMAN, Justice.

Four years after Les Williams and appellant Mary Linda McCall ended their marriage of twenty-five years, Williams purchased a $250,000 life insurance policy, naming McCall as his beneficiary. After his death, two of Williams's three surviving children successfully argued to the probate court that McCall had no insurable interest in Williams's life, and thus, the insurance proceeds should be paid to them. Because Williams applied...

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