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Cobb v. Justice

Opinion Date 1997-10-08
  • Court Line: Waco
  • Citation: 954 S.W.2d 162
  • Subcategory: Undue Influence
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Other
  • Probate Court: No
  • Death Date: 1995-06-04
  • Testator Age at Will Signing: unspecified
  • Will Age by Days: 1
Details
Contestant(s):
Niece
Proponent(s):
Niece

The proponent was a niece by marriage who had, for many years, taken care of the testator's financial affairs.

  • Dueling Wills: Yes
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Testamentary
  • Will Type or Trust: Non-holographic
  • Cognitive Deficits Proper: Confusion
  • Parallel Cite: 1997 WL 629256
  • Docket Number: 10-96-212-CV

Outcomes
  • English Speaking Testator: Yes
  • Circumstantial Evidence: Circumstantial
  • Reversed on Undue Influence: Yes