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Cotten v. Cotten

Opinion Date 2005-08-24
Citation 169 S.W.3d 824
Read on WestLaw
  • Court Line: Dallas
  • Citation: 169 S.W.3d 824
  • Ruling: Affirm
  • Jury: MSJ
  • Probate Court: Yes
  • Death Date: 2001-09-03
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Yes
  • Will Date Estimated: Yes
  • Testator Age at Will Signing: 84
  • Will Age by Days: 2802
Details
Contestant(s):
Son
Proponent(s):
Son
  • Testator Divorced or Remarried: No
  • Dueling Wills: No
  • Executor as Proponent: Yes
  • Caregiver as: Contestant; Proponent; Neither: Beneficiary
  • Testator Male or Female: Female
  • 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
  • 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: 2005 WL 2031781
  • Docket Number: 05-04-01177-CV
Outcomes
  • Our Summary:

    Contestant first contested his mother's will under capacity grounds. Two years later, he challenged the family partnership based on undue influence. The trial court granted summary judgment against the contestant without a detailed analysis of capacity.

Summaries
  • English Speaking Testator: Yes
  • Reversed on Capacity Issue: No
  • Reversed on Undue Influence: No

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