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Board of Regents of University of Tex. v. Yarbrough

Opinion Date 1971-08-05
Citation 470 S.W.2d 86
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  • Court Line: Waco
  • Citation: 470 S.W.2d 86
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Testator Age at Will Signing: 84
Details
Contestant(s):
Guardian

Proponent of deed was University of Texas. Contestant was guardian and nephew of the grantor.
  • Testator Male or Female: Male
  • Testator Sophistication Rating: High
  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
  • Doctor Testimony at Trial: Retained and treating experts - contestant
  • Docket Number: 5028
Outcomes
  • Our Summary:

    Evidence supported finding of incapacity where treating physician, retained physician, nurse, and neighbor testified to testator's disorientation, memory problems, fever, incontinence, falls, and delusions.

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