Estate of McCrary

Wilson, Borror, Dunn & Davis and Caywood J. Borror for Objectors and Appellants.

No appearance for Petitioner and Respondent.

Hinojosa & Khougaz and Lynard C. Hinojosa for Claimant and Respondent.

OPINION

WARD, J.

Objectors Stanton M. Alward, Charles Cliston Alward, Leston Linton Alward, and John Q. Alward (the Alwards) appeal from the order for final distribution of the estate of decedent Doris C. McCrary. The Alwards contend they are the only relatives of the decedent entitled to inherit her estate under the statutes governing intestacy; however, the trial court awarded 14/18ths of the estate to more remote relatives, who, the Alwards contend, were not entitled to anything. We disagree with the Alwards' interpretation of the controlling statutes, and we affirm.

Doris C. McCrary died intestate on June 28, 1994. [1] She was not survived by any children, parents, siblings, grandparents, aunts or uncles. The Alwards were maternal first cousins of decedent. The decedent had also had 14 paternal first cousins, all of whom had predeceased her.

The trial court distributed 4/18ths of the residue of decedent's estate to the Alwards and 14/18ths of the residue of the estate to 67…