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Henneberger v. Sheahan

Opinion Date 1955-03-04
Citation 278 S.W.2d 497
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  • Court Line: Dallas
  • Citation: 278 S.W.2d 497
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
Details
Contestant(s):
Sibling
Proponent(s):
Other Family

Proponents of the gifts were nieces and nephews. Contestant was the giftor's sister who was appointed guardian.
  • Testator Male or Female: Female
  • 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: $ 50350.
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Docket Number: 14908
Outcomes
  • Our Summary:

    Evidence supported finding that person who gifted bonds and a ring to niece/nephew lacked the capacity to do so where multiple witnesses testified to her incapacity and treating physician testified to paranoid schizophrenia.

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