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Comer v. El Paso Nat. Bank

Opinion Date 1973-08-01
Citation 498 S.W.2d 457
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  • Court Line: El Paso
  • Citation: 498 S.W.2d 457
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Other
  • Probate Court: No
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details
Contestant(s):
Unspecified
Proponent(s):
Settlor

Contestant filed as the next-friend of settlor. The Bank was trustee.
  • Testator Male or Female: Female
  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Contractual
  • Will Type or Trust: Unspecified
  • Who Drafted the Will / Trust: Unspecified
Outcomes
  • Our Summary:

    Held that there was some evidence to sustain trial court's finding that individual who sought to revoke inter vivos trust agreement was incapable of properly caring for her own interest. The COA did not detail the evidence.

Summaries
  • Reversed on Capacity Issue: No

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