Longaker v. Evans

ON MOTION FOR EN BANC RECONSIDERATION

Opinion by PAUL W. GREEN, Justice.

The motion for rehearing of the July 7, 1999 panel opinion is overruled. However, the motion for en banc reconsideration is granted. Accordingly, the panel opinion dated July 7, 1999 is withdrawn and the en banc court substitutes the following opinion. The judgment remains unchanged.

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This case involves a will contest and a judgment for damages against a fiduciary. Andrew Payne Longaker (Longaker) appeals from the trial court’s judgment disposing of certain assets of the estate of his sister, Marion Longaker…