Legal Opinion
In Re Estate of Butts
Texas Court of Appeals, 9th District (Beaumont)
Decided March 27, 2003No. 09-02-074-CVPublishedCited by 8 opinions
1Opinion of the Court
OPINION
DAVID B. GAULTNEY, Justice.
This is an appeal from the granting of a summary judgment in a will contest. The issue is whether the will of Hazel H. Butts was the result of undue influence.
The Elements of Undue Influence
To invalidate a will on the ground of undue influence, a contestant must establish: 1) the existence and exertion of an influence; 2) the effective operation of the influence so as to subvert or overpower the mind of the testator; and 3) the execution of a testament which the maker thereof would not have executed but for the influence. See Rothermel v. Duncan, 369 S.W.2d…
2Cases cited5 opinions
- Rothermel v. DuncanTexas Supreme Court · 1963
- Curry v. CurryTexas Supreme Court · 1954
- Green v. Earnest, Texas Court of Appeals, 8th District (El Paso)1992
- Garza v. GarzaCourt of Appeals of Texas · 1965
- Brown v. Big D Transportation, Inc.Court of Appeals of Texas · 2001
3Cited by8 opinions
- Estate of James W. Fisher, Texas Court of Appeals, 6th District (Texarkana)2014
- In Re Estate of Grimm, Texas Court of Appeals, 11th District (Eastland)2005
- Greg Lewis v. Susan Lamb, Texas Court of Appeals, 9th District (Beaumont)2007
- In Re Estate of Butts, Texas Court of Appeals, 9th District (Beaumont)2003
- Jaime Jose Cardona, Sylvia Lopez, Hortencia Trevino, Arturo Cardona, Esthela Cardona, Mario Cardona, and Roberto Cardona v. Francisco Cardona, Texas Court of Appeals, 9th District (Beaumont)2020
3 more not listed; retrieve them via the Exa API.