Smith v. Smith
Court of Appeals of Texas
Appeal from District Court, Hill County; C. M. Smithdeal, Judge. Contest of the will of M. C. Smith by Allen Smith and others against Mrs. Lou Smith, proponent. From a decree setting aside the will for undue influence, proponent appeals.
1Opinion of the Court
RAINEY, O. J.
The appellant filed an application in the county court of Hill county, Tex., for the probation of the will of her deceased husband, M. C. Smith. The appel-lees, children of M. C. Smith by a former marriage, contested said application on the grounds: (1) Fraud; (2) undue influence exercised by appellant upon deceased; and (3) want of testamentary capacity of deceased to make a will. The county court entered a judgment probating the will, and appellees appealed the case to the district court, and there, upon a hearing, a verdict and judgment was rendered for contestants, the jury…
2Cases cited1 opinion
- Wetz v. SchneiderCourt of Appeals of Texas · 1904
3Cited by5 opinions
- Craycroft v. CrawfordTexas Commission of Appeals · 1926
- Southern Surety Co. v. SolomonCourt of Appeals of Texas · 1928
- Powell v. PowellCourt of Appeals of Texas · 1914
- Ater v. MooreCourt of Appeals of Texas · 1921
- Taylor v. TaylorCourt of Appeals of Texas · 1954