Lehmann v. Krahl

This is a will contest. The trial court judgment in favor of the proponents, Lehmann et al. (our petitioners here) was reversed and remanded by the San Antonio Court of Civil Appeals. 277 S.W. 2d 792. The stated grounds or theories of the reversal, which we must review, were: (a) that the will was invalid under Art. 8283, Vernon’s Tex. Civ. Stats. Ann. 1 one of the two witnesses being not “credible,” because he was at all relevant times the husband of a legatee, thus a necessary party to a contest of the will, thus a “party” under the so-called “Dead Man Statute” (Art. 3716) 2 and accordingly…