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Tomlinson v. Jones

Opinion Date 1983-09-23
Citation 664 S.W.2d 123
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  • Court Line: Corpus Christi-Edinburg
  • Citation: 664 S.W.2d 123
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1975-01-25
  • Will Age by Days: 7
Details
Contestant(s):
Father
Proponent(s):
Wife
  • 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
  • Testamentary or Contractual Capacity Case: Contractual
  • Estate Value: $ 39700.
  • Docket Number: 13-82-157-CV
Outcomes
  • Our Summary:

    Severe burns due to auto accident

  • Interesting Notes:

    Evidence supported finding of incapacity where grantor was hospitalized with severe burns and died seven days after execution of power of attorney and change of beneficiary form. The wife, as proponent, actually won, however, due to a judgment notwithstanding the verdict and a provision in the insurance policy.

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