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in Re Estate of Gerald Pat Arrington
365 S.W.3d 463
| Tex. App. | 2012
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Background

  • Brenda Arrington challenges a jury verdict admitting Pat Arrington's December 27, 2004 will to probate and appointing Patricia Daley as executrix.
  • The will names Patricia as independent executrix and sole beneficiary; Pat’s other children and Brenda receive nothing.
  • Pat died in December 2005; the will is self-proved with affidavits of the subscribing witnesses.
  • Pat was separated from Brenda and had no joint children; Patricia is Pat’s daughter from a prior relationship.
  • Witnesses and bank notary testified Pat had mental capacity on the date of execution despite brain tumor and health issues.
  • The trial court admitted the will to probate after a jury found it valid and that Pat possessed testamentary capacity; Brenda appeals arguing lack of evidentiary support.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Validity of the will Brenda contends no evidence supports validity Patricia proves self-proved validity and witnesses corroborate Will valid; probated
Testamentary capacity Brenda argues insufficient evidence Pat had capacity on signing date Evidence showed Pat understood and intended to execute will Sufficient evidence of testamentary capacity; court affirms judgment

Key Cases Cited

  • City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (legal sufficiency standard for appellate review of evidence)
  • Guthrie v. Suiter, 934 S.W.2d 820 (Tex. App.—Houston [1st Dist.] 1996) (self-proved wills and prima facie validity)
  • Croucher v. Croucher, 660 S.W.2d 55 (Tex. 1983) (burden on proponent to prove validity; testamentary capacity standards)
  • Prather v. McClelland, 76 Tex. 574, 13 S.W. 543 (1890) (testamentary capacity elements)
  • Douthit v. McLeroy, 539 S.W.2d 351 (Tex. 1976) (capacity and execution principles in wills)
  • Wilkinson v. Moore, 623 S.W.2d 662 (Tex. Civ. App.—Houston [1st Dist.] 1981) (capacity evidence sufficient when testator understood execution)
Read the full case

Case Details

Case Name: in Re Estate of Gerald Pat Arrington
Court Name: Court of Appeals of Texas
Date Published: Mar 1, 2012
Citation: 365 S.W.3d 463
Docket Number: 01-10-00542-CV
Court Abbreviation: Tex. App.