Cullinan v. Cullinan

The will of Craig Francis Cullinan, dated November 18, 1943, and two codicils, dated Noverber 20, 1943 and August 11, 1949, respectively, were admitted to probate by order of the Probate Court of Harris County on September 5, 1950. Suit to set aside the order of probate and to have the will and codicils declared invalid on the ground that the testator lacked testamentary capacity at the time he executed them was filed by petitioner, the testator’s only daughter, on July 3, 1951.

After a plea in abatement based on the absence of a necessary party was disposed of the petitioner offered certain…