Kay v. Sandler

OPINION

CANNON, Justice.

This appeal arises from a partial summary judgment granted in a will contest which admitted into probate the written will offered by appellee and which effectively denied probate of the alleged nuncupative will offered by appellant. In six points of error, appellant maintains that (1) fact issues exist as to whether the nuncupative will offered for probate met the requirements of Tex.Prob.Code Ann. § 65 (Vernon 1980) and thus was a valid nuncupative will and (2) a nuncupative will can operate to revoke a prior written will under the requirements of Tex.Prob.Code Ann. §…