Watson v. Watson

MASSEY, Chief Justice.

This is a will contest. Appellants were the proponents of the will, appellee *345the contestant. The contest originated upon the proponents’ offer of the will for probate. Therefore, under the provisions of the Texas Probate Code, Section 88, V.A.T.S., “Proof Required for Probate * (formerly Vernon’s Ann.Tex.Civ.St. art. 3348), the burden was cast upon the proponents in the trial court to establish that the deceased was of sound mind and had testamentary capacity at the time his will was executed. 44 Tex.Jur., “Wills”, p. 904, sec. 322, “Facts to be Shown in Order to Justify…