333 S.W.2d 108 | Tex. | 1960
Because we think there was evidence of lack of testamentary capacity sufficient to raise a jury issue, the Court of Civil Appeals reached the correct result. The testimony regarding undue influence does not rise to the dignity of “some evidence.” It raises no more than a surmise or suspicion and hence, in law, is no evidence. Joske v. Irvine, 91 Texas 574, 44 S.W. 1059 (1898) ; Younger Bros. Inc., v. Myers, 159 Texas 585, 324 S.W. 2d 546 (1959).
The application for writ of error is therefore refused, no reversible error.
Opinion delivered March 16, 1960.