Ashley v. Usher

GRIFFIN, Justice.

The holographic will of Howard S. Cunningham dated August 7,1961, was admitted to probate by the Aransas County Court. On appeal to the district court by contestant, Kate Howard Usher, the jury found that the testator possessed testamentary capacity; that in executing the will he was not acting under undue influence; that he signed the will offered for probate with the intent that the same should be his last will and testament. The following issue was also submitted and answered:

“Do you find from a preponderance of the evidence that Exhibit P-1 (the will in question) had not…