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Beasley v. Herren

Opinion Date 2006-05-18
  • Court Line: Corpus Christi-Edinburg
  • Citation: Not Reported in S.W.3d
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Procedural irregularity
  • Jury: Jury
  • Probate Court: Yes
  • Death Date: 2005-05-13
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Yes
  • Will Date Estimated: Yes
  • Testator Age at Will Signing: 74
  • Will Age by Days: 2720
Details
Contestant(s):
Unspecified
Proponent(s):
Unspecified
  • Testator Divorced or Remarried: No
  • Dueling Wills: No
  • Executor as Proponent: No
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellee
  • Testamentary or Contractual Capacity Case: Contractual
  • Physical Condition: N/A
  • Cognitive Deficits Proper: N/A
  • Decision Making: Unable to: N/A
  • Developmental Disability: N/A
  • Disorientation as to: N/A
  • Parallel Cite: 2006 WL 1360932
  • Docket Number: 13-03-00615-CVQ

Outcomes
  • Our Summary:

    Appellant did not request the reporter's record, and was complaining of the trial court's actions with respect to the granting of a mistrial on two issues that it subsequently severed. Settlor husband was found to have capacity. Jury was deadlocked on the wife and did not answer the attorneys' fees question. Lesson in this case is do not appeal without a reporter's record unless you are really sure of what you are doing.

Summaries