Mircovich v. Mircovich

OPINION

NYE, Chief Justice.

This is a will contest. Appellant, Joe H. Mireovich, contested the probate of his mother’s will, alleging that she lacked testamentary capacity and that the will was the product of undue influence. His eight brothers and sisters, the executor and beneficiaries of the will, were named defendants. From an adverse ruling in the County Court of San Patricio County, appellant appealed to the district court. After a trial, the judge presented a single issue to the jury, asking whether Rosa Boeckle Mircovich lacked testamentary capacity at the time of execution. The issue…