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In re Marquez

Opinion Date 2009-10-22
  • Court Line: Corpus Christi-Edinburg
  • Citation: Not Reported in S.W.3d
  • Subcategory: Formalities / Solemnities
  • Ruling: Affirm
  • Appellate Standard: Sufficiency of the evidence
  • Probate Court: Yes
  • Death Date: 1990-02-07
  • Testator Age at Will Signing: unspecified
  • Will Age by Days: 112
Details
Contestant(s):
Unspecified
Proponent(s):
Wife
  • Testator Male or Female: Male
  • Testator Education Summary: Unknown
  • Testator Sophistication Rating: Unknown

  • Prevailing Party in Trial Court: Contestant
  • Prevailing Party in COA: Appellee
  • Attorney Fees Awarded in Trial Court: N/A
  • Testamentary or Contractual Capacity Case: Testamentary
  • Will Type or Trust: Holographic
  • Estate Value: $ 1000000.
  • Parallel Cite: 2009 WL 3385318
  • Docket Number: 13-09-00065-CV

Outcomes
  • Formalities / Solemnities - Summary: A testator's letter to his wife to tell her about finishing his will was not executed with testamentary intent and was not a will. The letter merely expressed the testator's concern that his testamentary wishes, as set forth in his formal will, would not be correctly understood. The testator did not intend for the letter to effectuate a disposition of his property after his death, but he intended for his previously executed formal written will to serve that purpose.
  • Reversed on Formalities / Solemnities Issue: No