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Harrell v. Hochderffer

Opinion Date 2011-06-10
Citation 345 S.W.3d 652
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  • Court Line: Austin
  • Citation: 345 S.W.3d 652
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: MSJ
  • Probate Court: Yes
  • Death Date: 2003-10-01
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 89
  • Will Age by Days: 330
Details
Contestant(s):
Daughter, Son
Proponent(s):
Daughter

Contestants were bio daughters of female settlor but step-daughter of male testator. Proponents were bio daughters of both. Dad died 10/1/2003; mom died 4/1/2006. Dad was 89 and mom was 73 when trust was created.
  • 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
  • Testamentary or Contractual Capacity Case: Contractual
  • Will Type or Trust: Trust
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Physical Condition: Stroke
  • Parallel Cite: 2011 WL 2297730
  • Docket Number: 03-09-00007-CV
Outcomes
  • Our Summary:

    Contestant raised incapacity as affirmative defense to trustee's motion for summary judgment. COA held contestant's evidence could not overcome MSJ where it post-dated the creation of the trust. Moreover, the fact that settlors had a guardian ad litem appointment in a personal injury suit was no evidence of incapacity where the record did not show the reason for the appointment of a guardian ad litem.

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