KIRKPATRICK v. ESTATE OF KANE

No. 3-87-140-CV.

743 S.W.2d 371 (1988)

Marion B. KIRKPATRICK, Appellant, v. ESTATE OF Floyd F. KANE, Deceased, and Unknown Heirs and Those Suffering Legal Disabilities, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied February 3, 1988.


Attorney(s) appearing for the Case

Marvin D. Shwiff, Austin, for appellant.

Michael Curry, Bragg, Smithers & Curry, Austin, appellate attorney ad litem.

John Migl, Austin, attorney ad litem.

Edsam M. Ingram, Austin, for Administratrix.

Jim Mattox, Atty. Gen., Jerry Benedict, Asst. Atty. Gen., Austin, for State Treasurer.

Before SHANNON, C.J., and GAMMAGE and CAROL, JJ.


CARROLL, Justice.

Appellant Marion B. Kirkpatrick appeals from the trial court's determination of heirship in the estate of Floyd F. Kane. That court concluded that appellant was entitled to half of Kane's estate, while appellant contends that she is entitled to the entire estate. We agree with appellant and reverse and render judgment in her favor.

BACKGROUND

The parties agree on the facts. Floyd Kane died intestate on January 1, 1985. Appellant...

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