in the Estate of Ruth Bailey
14-14-00291-CV
| Tex. App. | Jan 16, 2015Background
- Appellee sought probate of Ruth Bailey's March 23, 2004 will; Appellants contested the 2005 will (March 18) on capacity, etc.
- Consolidated proceedings: Application 2 for will dated March 18, 2005 and related capacity/undue-influence issues.
- Trial court granted partial summary judgment affirming lack of testamentary capacity on March 18, 2005 as evidenced by guardianship record.
- Evidence included a capacity assessment from August 3, 2004 indicating dementia with severe impairment.
- Appellants offered affidavits from interested and disinterested witnesses; the court sustained objections to these affidavits as conclusory and inappropriate for raising a capacity issue.
- Appellants timely appealed the partial summary judgment order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is no genuine issue of material fact that decedent lacked testamentary capacity on March 18, 2005. | Grant argued lack of capacity from dementia evidence. | Collins argued capacity could be defeated only with contrary competent proof; guardianship evidence supports incapacity. | No genuine issue; capacity lacking on execution date. |
Key Cases Cited
- Carr v. Radkey, 393 S.W.2d 806 (Tex. 1965) (witness may testify to sound mind with proper predicate)
- Casso v. Brand, 776 S.W.2d 551 (Tex. 1989) (testimony must be clear, direct, credible from credible sources)
- Croucher v. Croucher, 660 S.W.2d 55 (Tex. 1983) (burden in will contest; standard for capacity)
- In re Price's Estate, 375 S.W.2d 900 (Tex. 1964) (no presumption of sound mind; burden on proponent)
- Lee v. Lee, 424 S.W.2d 609 (Tex. 1968) (capacity evaluated on testator's mind at execution; persistence of incompetence matters)
- Evans v. Allen, 358 S.W.2d 358 (Tex.App.–Houston 1st Dist. 2011) (definition of testamentary capacity; factors for capacity)
- Dagley v. Haag Engineering Co., 18 S.W.3d 787 (Tex.App.—Houston [14th Dist.] 2000) (summary judgment burden framework for issues)
- Rhone-Poulenc, Inc. v. Steel, 997 S.W.2d 217 (Tex. 1999) (standard for summary judgment motions)