Skip to main content
New Search
New Search
Go back

Gentry v. Sellers

Opinion Date 1971-05-21
Citation 468 S.W.2d 525
Read on WestLaw
  • Court Line: Dallas
  • Citation: 468 S.W.2d 525
  • Appellate Standard: Abuse of discretion
  • Jury: Jury
  • Probate Court: No
  • Death Date: 1969-07-08
  • Testator Age at Will Signing: 84
  • Will Age by Days: 1449
Details
Contestant(s):
Heir
  • Dueling Wills: No
  • 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
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Testamentary
  • Will Type or Trust: Unspecified
  • Who Drafted the Will / Trust: Unspecified
  • Physical Condition: N/A
  • Cognitive Deficits Proper: N/A
  • Decision Making: Unable to: N/A
  • Developmental Disability: N/A
  • Disorientation as to: N/A
Outcomes
  • Our Summary:

    Held that trial court abused its discretion by preventing contestants from deposing proponents. Reversed to allow contestants to depose proponents on the issues of capacity or undue influence.

Summaries
  • Reversed on Capacity Issue: Yes
  • Reversed on Undue Influence: Yes

Charts

Categories