IN THE

TENTH COURT OF APPEALS

No. 10-93-069-CV

     JAMES M. BRIZENDINE, INDIVIDUALLY;

     AS NAMED INDEPENDENT EXECUTOR OF THE

     ESTATE OF VIRGINIA WEAVER BRIZENDINE,

     DECEASED; AND AS SUCCESSOR TRUSTEE OF

     THE LAST WILL OF GORDON KRUSE ELDERKIN,

     DECEASED,

                                                                                              Appellant

     v.

     HARRIS E. KERR, INDIVIDUALLY AND AS FORMER

     CO-TRUSTEE AND/OR AS CO-INDEPENDENT EXECUTOR

     UNDER THE LAST WILL OF GORDON KRUSE ELDERKIN,

     DECEASED, ET AL.

                                                                                              Appellees

From the 18th District Court

Johnson County, Texas

Trial Court # 146-91

MEMORANDUM OPINION

            This appeal was perfected from a judgment signed on February 19, 1993. By motion, the Appellants state that the parties have entered into an agreement and stipulation and request that the appeal be dismissed.

      The motion is granted. The appeal is dismissed pursuant to the Parties' Agreement and Stipulation.

                                                                                     PER CURIAM

Before Chief Justice Thomas,

      Justice Cummings, and

      Justice Vance

Dismissed

Opinion delivered and filed October 20, 1993

Do not publish

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