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Ashley v. Usher

Opinion Date 1964-11-11
  • Court Line: Supreme Court of Texas
  • Citation: 384 S.W.2d 696
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1961-11-07
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 78
  • Will Age by Days: 92
Details
  • Testator Divorced or Remarried: No
  • Dueling Wills: Yes
  • Executor as Proponent: Yes
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Proponent
  • Prevailing Party in COA: Appellant
  • Prevailing Party in Texas Supreme Court: Appellant
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Testamentary
  • Will Type or Trust: Holographic
  • Physical Condition: N/A
  • Cognitive Deficits Proper: N/A
  • Decision Making: Unable to: N/A
  • Developmental Disability: N/A
  • Disorientation as to: N/A
  • Parallel Cite: 17 A.L.R.3d 595
  • Docket Number: A-10069

Outcomes
  • Our Summary:

    Not a testamentary capacity contest on appeal, but interesting revocation case. S. Ct. affirmed the COA position that proponents failed to carry their burden to prove that the will offered for probate had not been revoked.

  • Interesting Notes:

    The rule enumerated in the above cases is that where testator's will produced in court comes from the custody of those to whom it has been delivered by the testator, or is found among testator's papers in a place he usually keeps his valuable papers, and there is no suspicion cast upon the genuineness of the will, there exists a presumption that the will has not been revoked. Under such circumstances, a proponent has satisfied the statutory requirement to prove no revocation.

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