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BAILEY v. WARREN

No. 12-09-00277-CV.

319 S.W.3d 185 (2010)

Beth Carroll BAILEY, Independent Executrix of the Estate of Kevin Ray Bailey, Deceased, Appellant, v. Lisa Kay WARREN, Guardian of the Estate of Christian Matthew Warren, A Minor, and Keith Lee Bailey Hodges, Intervenor, Appellees.

Court of Appeals of Texas, Tyler.

Rehearing Overruled September 15, 2010.

Attorney(s) appearing for the Case

Diane V. DeVasto , Tyler, Steven R. Green , Athens, for Appellant.

Kyle Kutch , Susan Hays , James N. Parsons III , Palestine, for Appellees.

Panel consisted of WORTHEN, C.J., GRIFFITH, J., and BASS, Retired J., Twelfth Court of Appeals, sitting by assignment.

OPINION

BILL BASS, Justice (Retired).

This is a will case. The testator's will left everything to his wife if she survived him. Otherwise, his property was to go to his heirs at law. The testator's only two children, Keith Lee Bailey Hodges and Christian Matthew Warren, were nonmarital children. They claim to be pretermitted children and therefore entitled to an intestate share of their father's estate. In the trial court, both sides moved for summary...

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