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PHILEN v. SORENSEN

No. 1385.

609 S.W.2d 656 (1980)

James Wesley PHILEN, Appellant, v. E. E. SORENSEN, Independent Executor of the Estate of Virginia Clark Carroll Thornton Philen, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 8, 1981.

Attorney(s) appearing for the Case

Bill D. Rosenstein and Duane G. Stephens, Stephens, Corn & Rosenstein, Tyler, for appellant.

William R. Pemberton, Sallas, Meriwether & Pemberton, Crockett, for appellees.

SUMMERS, Chief Justice.

Appellee, E. E. Sorensen, independent executor of the estate of Virginia Clark Carroll Thornton Philen, brought suit against the decedent's husband, James Wesley Philen, alleging that the couple's homestead was Mrs. Philen's separate property and that by wrongfully and intentionally shooting and killing his wife, the appellant, Mr. Philen, caused his homestead interest, if any, to be subject to a constructive trust with Mr. Philen as constructive...

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