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Burleson v. Morse

Opinion Date 1943-05-27
  • Court Line: Galveston
  • Citation: 172 S.W.2d 361
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details

Contestant was the signor of the note which she executed in favor of her attorney for representing her in a murder trial.

  • Testator Male or Female: Female

  • 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
  • Cognitive Deficits Proper: Insanity
  • Alleged Ailments: Insanity
  • Docket Number: 11539

Outcomes
  • Our Summary:

    "This court finds no fault with the form of the submission of the question raised as to appellant's mental capacity to execute the notes in suit--it having been a simple inquiry as to whether she had “sufficient mental capacity to execute said notes”, followed by the definition: “By the term ‘mental capacity’ is meant the possession of sufficient mind and memory to understand the nature and effect of her act in executing the notes inquired about.” Evidence supported finding of capacity where attorney and doctor testified to contestant's sanity and jury in previous murder trial disregarded her insanity defense.

Summaries