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In re Estate of Vackar

Opinion Date 2011-03-09
Citation 345 S.W.3d 588
Read on WestLaw
  • Court Line: San Antonio
  • Citation: 345 S.W.3d 588
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: Yes
  • Death Date: 2007-10-26
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 55
  • Will Age by Days: 62
Details
Contestant(s):
Son, Wife

Wife and son were estranged from testator.
  • Dueling Wills: No
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown
  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Cognitive Deficits Proper: Depression
  • Parallel Cite: 2011 WL 803120
  • Docket Number: 04-10-00044-CV
Outcomes
  • Our Summary:

    Evidence supported finding of capacity where contestant's only evidence was a medical record indicating impaired judgment a few weeks before execution of will (COA held other medical records should have been excluded for evidentiary reasons).

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