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Adkins v. Henson

Opinion Date 1923-11-15
  • Court Line: Texarkana
  • Citation: 256 S.W.967
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1918-10-23
  • Testator Age at Will Signing: 45
  • Will Age by Days: 2
Details
Contestant(s):
Child
  • Testator Male or Female: Male
  • Testator Sophistication Rating: High

  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Testamentary
  • Will Type or Trust: Holographic
  • Estate Value: $ 50000.
  • Alleged Ailments: Flu
  • Docket Number: 2813

Outcomes
  • Our Summary:

    Evidence was too weak to support finding of incapacity where testator's condition was due to physical illness (instead of insanity or senility), testator stated clearly his wishes to witness, and only evidence of incapacity was periods of unconsciousness and delusions at times other than the will signing ceremony.

Summaries