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Niemann v. Zarsky

Opinion Date 1950-05-10
  • Court Line: El Paso
  • Citation: 233 S.W.2d 930
  • Subcategory: Capacity
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Other
  • Probate Court: No
Details

Guardian of the signor of the note (adjudged incapacity) versus bank/holder of the note.

  • 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: Contractual
  • Alleged Ailments: Insanity
  • Docket Number: 4718

Outcomes
  • Our Summary:

    Trial court erred in rendering directed verdict in favor of holder of note where lay witness testimony showed poor hygiene, delusions, poor sleep, forgetfulness, and inability to recognize others. Their testimony should have been admissible even though remote in time as to execution of note because "evidence of unsoundness can not be restricted to time limitations."

  • Interesting Notes:

    In order to render the act done void because of the mental unsoundness, the incapacity must exist at the time the act is done, but the evidence of the incapacity is not limited to the time the act is done, but testimony is admissible as of the time and before and after.

Summaries