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In re Kirby's Estate

Opinion Date 1974-10-31
  • Court Line: Waco
  • Citation: 516 S.W.2d 284
  • Subcategory: Formalities / Solemnities
  • Appellate Standard: De novo
  • Probate Court: No
  • Death Date: 1973-02-28
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Testator Age at Will Signing: 72
  • Will Age by Days: 814
Details
Proponent(s):
Unspecified
  • Testator Divorced or Remarried: No
  • 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: Holographic
  • Docket Number: 5377

Outcomes
  • English Speaking Testator: Yes
  • Formalities / Solemnities - Summary: ". . . paragraph two of the writing is clear and unambiguous that further papers were to be prepared in the future. Probate of the letter to Ed as the will of deceased would be totally contrary to the intent of the deceased as clearly and unambiguously expressed in paragraph two, which paragraph must be taken in consideration and given effect."
  • Reversed on Formalities / Solemnities Issue: Yes