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Ajudani v. Walker

Opinion Date 2005-04-21
  • Court Line: Houston (1st Dist.)
  • Citation: 177 S.W.3d 415
  • Subcategory: Formalities / Solemnities
  • Ruling: Affirm
  • Appellate Standard: De novo
  • Jury: MSJ
  • Probate Court: Yes
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details
Contestant(s):
Unspecified
Proponent(s):
Unspecified
  • 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: Testamentary
  • Will Type or Trust: Holographic
  • Parallel Cite: 2005 WL 913122
  • Docket Number: 01-03-01008-CV

Outcomes
  • English Speaking Testator: Yes
  • Formalities / Solemnities - Summary: Held that handwritten page containing decedent's signature was not part of same document as six-page letter describing intended disposition of decedent's estate. Therefore, the pages did not constitute a valid will and the COA did not have to reach the issue of whether the handwritten pages expressed testamentary intent.
  • Reversed on Formalities / Solemnities Issue: No