Legal Opinion

Yost v. Fails

Court of Appeals of Texas

Decided June 13, 2017No. 01-15-00773-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

Rebeca Huddle, Justice

A jury found that Sara McGowan signed a 2011 will as a result of undue influence and that James Fails, her nephew and the primary beneficiary of the 2011 will, lacked good faith and just cause when' he sought to probate the will. The jury also found that Fails tortiously interfered with the inheritance rights of McGowan’s sister, Georgia Cox, who was the beneficiary under McGowan’s earlier will, and awarded damages in the amount of $525,000. But the probate ■ court granted Fails’s motion for judgment notwithstanding the verdict and admitted the 2011 will to…

2Cases cited25 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Columbia Medical Center of Las Colinas, Inc. v. HogueTexas Supreme Court · 2008
  3. Lozano v. LozanoTexas Supreme Court · 2001
  4. Wal-Mart Stores, Inc. v. MillerTexas Supreme Court · 2003
  5. Tanner v. Nationwide Mutual Fire Insurance Co.Texas Supreme Court · 2009

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3Cited by5 opinions

  1. Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted AndersonTexas Supreme Court · 2018
  2. Rice v. RiceCourt of Appeals of Texas · 2017
  3. Cynthia Mynard v. Charles Ashley Degenhardt, Texas Court of Appeals, 14th District (Houston)2023
  4. Richard T. Archer, David B. Archer, Carol Archer Bugg, John v. Archer, Karen Archer Ball, and Sherri Archer v. T. Mark Anderson and Christine Anderson, as Co-Executors of the Estate of Ted AndersonTexas Supreme Court · 2018
  5. in the Estate of Manuela Mesa Casas, Texas Court of Appeals, 14th District (Houston)2022

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