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Gillispie v. Reinhardt

Opinion Date 1980-01-24
Citation 596 S.W.2d 558
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  • Court Line: Beaumont
  • Citation: 596 S.W.2d 558
  • Subcategory: Capacity
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Unspecified
  • Probate Court: Yes
Details
Proponent(s):
Niece
  • Dueling Wills: No
  • 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: Holographic
  • Docket Number: 8373
Outcomes
  • Our Summary: Proponents offered undated holographic will. COA held that proponents made out a prima facie case of testamentary capacity through several witnesses who knew testator during the time she may have written the will and they observe no signs of incapacity. Contestants offered no rebuttal evidence.
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