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Dildane v. Bonham

Opinion Date 2009-03-12
  • Court Line: Austin
  • Citation: Not Reported in S.W.3d
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: Yes
  • Death Date: 2005-05-16
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 84
  • Will Age by Days: 550
Details
Contestant(s):
Grandson
Proponent(s):
Daughter
  • Dueling Wills: Yes
  • Executor as Proponent: Yes
  • Testator Male or Female: Female
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: Denied to Contestant
  • Will Type or Trust: Non-holographic
  • Doctor Testimony at Trial: Treating physician for proponent; Retained expert for contestant
  • Disorientation as to: Person
  • Alleged Ailments: Vascular Dementia
  • Parallel Cite: 2009 WL 638200
  • Docket Number: 03-07-00631-CV

Outcomes
  • Our Summary:

    The evidence was legally and factually sufficient to support the trial court's finding that the testatrix lacked capacity. The testimony from doctors, attorneys, family, friends, and pastor as to the testatrix's capacity was conflicting and disputed. The trial court heard the witnesses and had the opportunity to observe their appearance and demeanor, and concluded that the testatrix lacked capacity.

Summaries