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Allen v. Payne

Opinion Date 1960-03-22
Citation 334 S.W.2d 607
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  • Court Line: Texarkana
  • Citation: 334 S.W.2d 607
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1957-12-14
  • Testator Age at Will Signing: 88
  • Will Age by Days: 791
Details
Contestant(s):
Guardian
Proponent(s):
Unspecified
  • Caregiver as: Contestant; Proponent; Neither: Proponent
  • Testator Male or Female: Female
  • Testator Sophistication Rating: High
  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
Outcomes
  • Our Summary:

    Evidence was sufficient to sustain finding that grantor was of sound mind when she made stock transfer although she was later declared incompetent. There was no evidence at or near the time to show incapacity except that grantor occasionally acted abnormal. Doctor and pastor testified for proponent.

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

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