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Heironimus v. Tate

Opinion Date 1962-02-28
  • Court Line: Austin
  • Citation: 355 S.W.2d 76
  • Subcategory: Formalities / Solemnities
  • Appellate Standard: De novo
  • Probate Court: No
Details
Contestant(s):
Executor
  • Testator Divorced or Remarried: No
  • Dueling Wills: No
  • Executor as Proponent: Yes
  • Testator Male or Female: Male
  • 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: Non-holographic
  • Docket Number: 10935

Outcomes
  • Our Summary: "Almost every word of the codicil evidences an intention to alter, but not revoke, the bequests made to Joyce Tate and Mrs. Scott. We would have to discard most of the language contained in the codicil if we agreed with appellants' construction of it. These bequests were not, in our opinion, revoked by the codicil."
Summaries
  • Reversed on Declaratory Judgment: No