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Hall v. Hall

Opinion Date 1962-01-04
  • Court Line: Houston
  • Citation: 352 S.W.2d 765
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: No
  • Death Date: 1958-08-08
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 81
  • Will Age by Days: 997
Details
Contestant(s):
Daughter
Proponent(s):
Unspecified
  • Testator Male or Female: Female
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • 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
  • Estate Value: $ 16000.
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Disorientation as to: Person
  • Alleged Ailments: Senile Dementia
  • Docket Number: 13806

Outcomes
  • Our Summary:

    Evidence supported finding of incapacity to write check where treating physician testified to advanced senility and family members testified to decedent/draftor's ability to recognize in-laws. Court also considered that draftor did not fill out the check but merely signed it and that it was written for far more than the balance of the account.

Summaries