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Ayers v. Mitchell

Opinion Date 2005-07-12
  • Court Line: Texarkana
  • Citation: 167 S.W.3d 924
  • Subcategory: Formalities / Solemnities
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: No
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details
Contestant(s):
Settlor
Proponent(s):
Daughter
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual

Outcomes
  • Formalities / Solemnities - Summary: Held that no oral trust was created where parents deposited funds into an account and made daughter a co-owner but told her to use the funds to provide for their care. The parents never completed delivery of the trust property because they never divested themselves of ownership (since they remained as owners of the account).
  • Reversed on Formalities / Solemnities Issue: Yes