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Handel v. Long Trusts

Opinion Date 1988-08-23
  • Court Line: Texarkana
  • Citation: 757 S.W.2d 848
  • Subcategory: Capacity
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Testator Age at Will Signing: 80
Details
  • Testator Male or Female: Male
  • Testator Sophistication Rating: High

  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Witness Capacity
  • Alleged Ailments: Vascular Dementia
  • Parallel Cite: 1988 WL 87346
  • Docket Number: 9624

Outcomes
  • Our Summary:

    Trial court erred in excluding witness testimony on the grounds the witness lacked the capacity to testify. Although 80 year old witness struggled with short-term memory, he was oriented to person, place, and time; understood right from wrong; and had good long-term memory. Trial court committed reversible error by excluding his testimony.

Summaries