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Gayle v. Dixon

Opinion Date 1979-05-24
  • Court Line: Houston (1st Dist.)
  • Citation: 583 S.W.2d 648
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Abuse of discretion
  • Jury: Jury
  • Probate Court: No
Details
Contestant(s):
Granddaughter, Grandson
Proponent(s):
Daughter

Proponent was decedent's daughter. Contestants were children of the other daughter.

  • Dueling Wills: No
  • Testator Male or Female: Male
  • 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: Non-holographic
  • Docket Number: 17344

Outcomes
  • Our Summary:

    Trial court admitted will to probate. Contestant appealed the trial court's decision to admit/exclude certain evidence and to include shortened instruction on capacity. COA held there was no reversible error. Evidence showed that daughter excluded from the will had been loaned money from testator and never repaid it.

Summaries