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Ara v. Bernhardt

Opinion Date 1930-06-18
  • Court Line: San Antonio
  • Citation: 29 S.W.2d 867
  • Subcategory: Capacity
  • Jury: Jury
  • Probate Court: No
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details
  • 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: Non-holographic
  • Physical Condition: Diabetes
  • Cognitive Deficits Proper: Unspecified Dementia
  • Alleged Ailments: Dementia - Non-Specified
  • Docket Number: 8469

Outcomes
  • Our Summary:

    "[O]ur consideration of the facts evolves around the issue as to decedent's condition at the time of making the will. It may be, as claimed, that decedent was a very old and infirm man physically, suffering from the disease of diabetes, but that would not mean that he had not the mental capacity to understand the business he was engaged in, the extent of his property, and the names of the persons dependent upon him; and the mental capacity to retain facts long enough to preserve and understand their relation to each other and to be able to form a reasonable judgment as to them." Testator's will was written by a reputable attorney. Court refused to disregard the jury's finding and hesitantly affirmed.

Summaries