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Estate of Durrill

Opinion Date 2019-02-07
Citation 570 S.W.3d 945
Read on WestLaw
  • Court Line: Corpus Christi-Edinburg
  • Citation: 570 S.W.3d 945
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: 2016-04-08
  • Testator Age at Will Signing: 81
  • Will Age by Days: 158
Details
Contestant(s):
Child
Proponent(s):
Subsequent Wife

Contestants were children from first marriage
  • Testator Divorced or Remarried: Yes
  • Executor as Proponent: Yes
  • 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: Testamentary
  • Parallel Cite: 2019 WL 471070
  • Docket Number: 13-17-00431-CV
Outcomes
  • Our Summary:

    Jury voided marriage claiming decedent lacked capacity to enter into marriage. COA affirmed where numerous witnesses testified for contestants and evidence showed many physical and cogntive ailments. Interestingly, both a treating physician and county judge testified for proponent.

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