BURGES v. MOSLEY

No. 12-08-00405-CV.

304 S.W.3d 623 (2010)

Roger Wayne BURGES, Deborah K. Burges Cook, and Lonnie Ray Burges, Appellants, v. Shirley MOSLEY, Appellee.

Court of Appeals of Texas, Tyler.

January 20, 2010.


Attorney(s) appearing for the Case

Robert T. Cain Jr., Zeleskey, Cornelius, Hallmark, Roper & Hicks, PLLC, Lufkin, for appellants.

Claude E. Welch, Lufkin, for appellee.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and HOYLE, J.


OPINION

JAMES T. WORTHEN, Chief Justice.

This appeal arises from a dispute over the enforceability of an alleged agreement made by Shirley Mosley to benefit her deceased husband's three children by a previous marriage. The trial court determined the alleged agreement was not a contract due to both a lack of consideration and failure of consideration. In two issues, the three children, Roger Wayne Burges, Deborah K. Burges Cook, and Lonnie Ray Burges...

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