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Allday v. Cage

Opinion Date 1912-05-04
  • Court Line: Fort Worth
  • Citation: 148 S.W.838
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1910-09-23
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 67
  • Will Age by Days: 9
Details
Contestant(s):
Unspecified
  • Caregiver as: Contestant; Proponent; Neither: Unspecified
  • Testator Male or Female: Female
  • 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: Testamentary
  • Will Type or Trust: Unspecified

Outcomes
  • Our Summary:

    Business partners probated will and contest ensued. The court held that jury instruction on capacity was proper where the claim was properly pleaded. Capacity was only tangentialy touched upon. The court proposed, without deciding, that a contract may require more mental capacity than a will, and vice versa, depending on the circumstances.

Summaries