Smallwood v. Jones

OPINION

BIERY, Justice.

The issue before this court is whether the record contains any evidence of probative force to support a jury’s finding that undue influence was exercised on a testatrix in the execution of her will. Concluding that such evidence does not exist, we affirm the judgment n.o.v. of the court below.

• This will contest originated in the probate court of Bexar County. The testatrix was Mrs. Thadis Smallwood, who died on May 3, 1989. The contestant is testatrix’ only son, appellant Ernest Smallwood, Jr. The proponent of the will is Erma Jones, appellee and sister of the…