Jowers v. Smith

PITTS, Chief Justice.

This is a will contest seeking to nullify a former judgment of the County Court of Terry County admitting to probate the will of W. J. Smith, deceased, and declaring both the former judgment and the will invalid for lack of mental capacity of the testator to execute the will and because of the exercise of undue influence upon the testator by his son Andrew Q. Smith. The testator was 88 years of age at the time of his death on April 27, 1948, in Terry County, Texas, and his estate consisted of about 400 acres of land together with some personal property. .There were…