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In re Lockhart's Estate

Opinion Date 1953-05-04
  • Court Line: Amarillo
  • Citation: 258 S.W.2d 877
  • Subcategory: Capacity
  • Appellate Standard: Sufficiency of the evidence
  • Jury: Other
  • Probate Court: No
  • Death Date: unspecified
  • Testator Age at Will Signing: unspecified
Details
Contestant(s):
Granddaughter
Proponent(s):
Daughter
  • Testator Male or Female: Female
  • 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
  • Doctor Testimony at Trial: Retained expert - Contestant
  • Disorientation as to: Situation
  • Alleged Ailments: Insane Delusion
  • Docket Number: 6296

Outcomes
  • Our Summary:

    Evidence showed that testator may have been under insane delusion that she was not allowed to visit with granddaughter. Evidence was sufficient to require the court to submit to the jury the question as to whether the testatrix, Mrs. Lou Lockhart, was possessed of an insane delusion, and as to whether the will was the product or offspring of the delusion, or at least, whether it was influenced by the delusion. The judgment of the trial court is reversed and the cause remanded.

Summaries