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IN RE ESTATE OF TYNER

No. 12-08-00232-CV.

292 S.W.3d 179 (2009)

In the ESTATE OF J.W. TYNER, Deceased.

Court of Appeals of Texas, Tyler.

Supplemental Opinion on Rehearing July 31, 2009.

Attorney(s) appearing for the Case

Robert A. Ray, Tyler, TX, for appellant.

M. Keith Dollahite, Tyler, TX, for appellee.

Panel consisted of WORTHEN, C.J., HOYLE, J., BASS, Retired Justice, Twelfth Court of Appeals, TYLER, sitting by assignment.

OPINION

BRIAN HOYLE, Justice.

Lacey Westbrook appeals from an adverse summary judgment rendered in the declaratory judgment action she initiated to have J.W. Tyner's will construed. Westbrook contends the trial court erroneously determined that she is not a beneficiary under the will, set the wrong postjudgment interest rate, erred in awarding attorney's fees without trial, and failed to hold hearings or rule on several of her motions. We modify the...

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