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In re Longoria

Opinion Date 2015-07-16
Citation 470 S.W.3d 616
Read on WestLaw
  • Court Line: Houston (14th Dist.)
  • Citation: 470 S.W.3d 616
  • Subcategory: Undue Influence
  • Appellate Standard: Abuse of discretion
  • Probate Court: Yes
  • Death Date: 2005-01-26
  • Death Date from Ancestry.com or Outside Source: :Yes
  • Yes
  • Will Date Estimated: Yes
  • Testator Age at Will Signing: 90
  • Will Age by Days: 787
Details
Contestant(s):
Daughter
Proponent(s):
Son
  • Testator Divorced or Remarried: No
  • Dueling Wills: Yes
  • Executor as Proponent: Yes
  • Testator Male or Female: Male
  • Testator Sophistication Rating: High
  • 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: Non-holographic
Outcomes
  • Our Summary:

    Mexican citizen, but does appear that he spoke English. COA reviewed a forum selection clause and granted mandamus relief for the trial court's denial of the contestant's motion to dismiss.

Summaries
  • English Speaking Testator: Yes
  • Reversed on Undue Influence: No

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