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In Guardianship of Westbo

Opinion Date 2016-01-21
  • Court Line: Houston (1st Dist.)
  • Citation: Not Reported in S.W. Rptr.
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: Yes
  • Death Date: 2017-11-04
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 64
  • Will Age by Days: 4184
Details
Contestant(s):
Daughter / Guardian
  • 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
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Parallel Cite: 2016 WL 262282
  • Docket Number: 01–14–00705–CV

Outcomes
  • Our Summary:

    Daughter/guardian challenged settlement release executed by mom in favor of mom's ex-husband. COA held the evidence supported the finding of incapacity. COA heavily relied on treating physician's testimony. Although daughter accepted real estate deed from mom after execution of release, COA held the deed transaction was really executed by daughter as POA and was not evidence of a contradictory position by daughter.

Summaries