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IN RE ESTATE OF WHITTINGTON

No. 11-11-00178-CV.

409 S.W.3d 666 (2013)

In the Matter of the ESTATE OF James Bailey WHITTINGTON, Deceased.

Court of Appeals of Texas, Eastland.

June 27, 2013.

Attorney(s) appearing for the Case

Michael L. Smith , Stephen E. Haynes , Haynes Law Firm, P.C., Brownwood, for Appellant.

M. Keith Branyon , Colin L. Murchison , Jackson Walker, L.L.P., Fort Worth, for Appellee.

Panel consists of: WRIGHT, C.J., McCALL, J., and WILLSON, J.

OPINION

TERRY McCALL, Justice.

The principal issue in this case is whether an independent executor who has been discharged by a court under Section 149E of the Texas Probate Code1 is the proper party to a will contest filed subsequent to his discharge. The trial court granted the former independent executor's motion to be dismissed as a party because he had been judicially discharged as independent executor and the estate had...

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