Lowery v. Saunders

OPINION

CANTU, Justice.

This is an appeal from an order admitting to probate the April 7, 1976, will and the April 19, 1977, codicil to the will of Bessie Cooke Cato. Appellees submitted these two documents for probate, while appellant tendered a purported will dated June 18, 1979. 1 The trial court, in refusing to admit the 1979 instrument to probate, ruled that the testatrix lacked testamentary capacity at the time of its execution and that appellant had exercised undue influence over the testatrix. 2

The testatrix had no children of her own and all of her siblings had since passed away, thus…