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Hubbard v. Shankle

Opinion Date 2004-05-20
Citation 138 S.W.3d 474
Read on WestLaw
  • Court Line: Fort Worth
  • Citation: 138 S.W.3d 474
  • Subcategory: Formalities / Solemnities
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: MSJ
  • Probate Court: Yes
  • Death Date: 2001-09-02
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Yes
  • Will Date Estimated: Yes
  • Testator Age at Will Signing: 58
  • Will Age by Days: 92
Details
Proponent(s):
Daughter
Contestant was girlfriend of 3 months whom testator met online.
  • Testator Male or Female: Male
  • 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: N/A
  • Testamentary or Contractual Capacity Case: Contractual
Outcomes
  • English Speaking Testator: Yes
  • Formalities / Solemnities - Summary: The fact that father told girlfriend he was making her the beneficiary of his life insurance policy with the expectation that she would take care of father's young daughter did not establish the requisite intent to create a trust for daughter's benefit. Held that no trust was formed under these circumstances where beneficiary designation was in the name of the girlfriend only.
  • Reversed on Formalities / Solemnities Issue: No

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