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Jackson Walker, LLP v. Kinsel

Opinion Date 2015-04-10
  • Court Line: Amarillo
  • Citation: 518 S.W.3d 1
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: 2008-08-22
  • Testator Age at Will Signing: 95
  • Will Age by Days: 10
Details
Contestant(s):
Step-Children
  • Testator Divorced or Remarried: 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
  • Amount of Attorneys' Fees: $ 800000.
  • Doctor Testimony at Trial: Treating physician - Contestant
  • Developmental Disability: N/A
  • Disorientation as to: Situation
  • Alleged Ailments: Dementia - Non-Specified
  • Parallel Cite: 2015 WL 2085220
  • Docket Number: 07–13–00130–CV

Outcomes
  • Our Summary:

    Issue presented concerned the sale of a ranch to raise money for the settlor / decedent. Apparently, testatrix was led to believe she was short of cash when she really had $1.4MM in available assets. Plaintiffs challenged certain trust amendments. Jury found settlor lacked the requisite mental capacity. Witness testified that settlor could not remember that she had signed an amendment to the trust or what it provided for. Medical records and the accompanying testimony from treating physicians revealed a detailed map of dementia and blood oxygen related infirmities. COA held that the evidence was sufficient to support the verdict and that the verdict was not manifestly unjust or wrong.

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