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Magana v. Citibank, N.A.

Opinion Date 2014-12-30
  • Court Line: Houston (14th Dist.)
  • Citation: 454 S.W.3d 667
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: Yes
  • Death Date: 2011-05-22
  • Testator Age at Will Signing: unspecified
  • Will Age by Days: 51
Details
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Cognitive Deficits Proper: Confusion
  • Developmental Disability: N/A
  • Disorientation as to: N/A
  • Alleged Ailments: Leukemia
  • Parallel Cite: 2014 WL 7405722
  • Docket Number: 14–13–00530–CV

Outcomes
  • Our Summary:

    Dispute between decedent's children concerning the ownership of funds in checking account. The capacity issue was limited to decedent's execution of a letter to the bank and bank form several days before his death. The court declined to address the capacity issue because decedent did not have a unilateral right to alter the account ownership, so the quesiton of his capacity was immaterial.

Summaries
  • English Speaking Testator: Yes
  • Reversed on Capacity Issue: No
  • Reversed on Undue Influence: No