Legal Opinion

Evans v. May

Texas Court of Appeals, 1st District (Houston)

Decided July 3, 1996No. 01-95-01026-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

TAFT, Justice.

This is a case involving a will contest between the decedent’s sister and the decedent’s “lifemate” who is the executor and sole beneficiary of the decedent’s estate. The primary issues we address are: (1) whether an executed will, that was torn up, then taped back together, with a writing signed by the decedent on each page stating another person had torn the will and it was still in force, was revoked; and (2) whether appel-lee’s 30-year relationship with the decedent constituted undue influence as a matter of law. We affirm the trial court’s admission of the will to…

2Cases cited5 opinions

  1. Rothermel v. DuncanTexas Supreme Court · 1963
  2. Matter of Estate of WoodsTexas Supreme Court · 1976
  3. Estate of Johnson, in Re, Texas Court of Appeals, 1st District (Houston)1989
  4. Simpson v. NeelyCourt of Appeals of Texas · 1949
  5. Tuttle v. SimpsonCourt of Appeals of Texas · 1987

3Cited by9 opinions

  1. Longaker v. Evans, Texas Court of Appeals, 4th District (San Antonio)2000
  2. Cobb v. Justice, Texas Court of Appeals, 10th District (Waco)1997
  3. In Re Estate of Davidson, Texas Court of Appeals, 9th District (Beaumont)2004
  4. Yost v. FailsCourt of Appeals of Texas · 2017
  5. Cynthia Mynard v. Charles Ashley Degenhardt, Texas Court of Appeals, 14th District (Houston)2023

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