Wilkinson v. Moore

EVANS, Justice.

This is a will contest.

The testatrix, Corrine Carlyle Wilkinson, died in Goliad County on October 18, 1975, at 94 years of age. In her will, bearing date of July 28, 1971, she devised a life estate in an undivided one-half of her real property to a nephew, James New, and she devised the balance of her estate to her niece, Mrs. Genevieve Moore. This will contest was initiated by another nephew, Tom H. Wilkinson.

As grounds for his action to set aside the will, the contestant alleged both undue influence and lack of testamentary capacity. The will previously having been admitted…