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Anderton v. Green

Opinion Date 2018-07-23
  • Court Line: Dallas
  • Citation: 555 S.W.3d 361
  • Subcategory: Capacity
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: No
  • Death Date: 2012-11-26
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 76
  • Will Age by Days: 39
Details
Contestant(s):
Son
Proponent(s):
Niece
  • Testator Divorced or Remarried: Yes
  • Testator Male or Female: Female
  • Testator Sophistication Rating: High

  • Prevailing Party in Trial Court: Plaintiff
  • Prevailing Party in COA: Appellee
  • Physical Condition: Cancer
  • Alleged Ailments: Chemo-Brain
  • Parallel Cite: 2018 WL 3526162
  • Docket Number: 05-17-00024-CV

Outcomes
  • Our Summary:

    "James and the Trustee contend the evidence was insufficient to support the trial court's finding that Frances lacked the requisite mental capacity to manage her property on October 15, 2012. They rely on testimony by numerous witnesses that Frances appeared to understand the transactions she undertook during the week of October 15, 2012. Jennifer responds with evidence from some of the same witnesses and others who testified to their concerns about Frances's mental capacity before, on, and after October 15, 2012. . . . The record includes ample evidence to support the trial court's findings, conclusions, and declarations regarding Frances's mental capacity before, on, and after October 15 and 16, 2012. As discussed above, witnesses testified that in 2012, Frances was unable to recall that she was married to Clarence; that 'Jennifer Green' was her granddaughter; or that she had, one or two days prior, undertaken significant banking transactions, including moving $100,000 from one bank to another and changing her long-settled plan that Jennifer would be 'taken care of' through investments managed by Mason. Although there was also conflicting evidence of Frances's capacity to understand the transactions she undertook, including attorney Horton's testimony that Frances knew and intended on October 16 to revoke her power of attorney to Jennifer, on the same day Frances's doctor noted that Frances was 'demented and cannot relate much history,' and looked 'disheveled and tired.' We must presume that the trial court resolved these and other inconsistencies in favor of its findings." Court affirmed all but attorneys' fees, which was remanded to the trial court.

Summaries