Vance v. Upson
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. L. A. Walthall, Special Judge. This was a proceeding to probate an olographic will and two olographic codicils, made by James Vance, of San Antonio, deceased, and bearing date, respectively, May 14, July 15 and July 24, 1870. The answer set up the defense of insanity.
Read the full summary
Appeal from Bexar. Tried below before the Hon. L. A. Walthall, Special Judge. This was a proceeding to probate an olographic will and two olographic codicils, made by James Vance, of San Antonio, deceased, and bearing date, respectively, May 14, July 15 and July 24, 1870. The answer set up the defense of insanity. A former olographic will of James Vance, bearing date, Paris, France, April 27, 1867, having been admitted to probate in Bexar county on March 26,1881, that proceeding was asked to be set aside, Vance having died in San Antonio on February 27, 1881. On January 9, 1882, proceedings…
1Opinion of the Court
Stayton, Associate Justice.
The charge given by the court, without request, was a clear presentation of the law applicable to the case, made by the evidence. It, in clear language, informed the jury as to the mental capacity requisite to the making of a valid will; defined an insane delusion, and its true bearing on testamentary capacity, fully explained; and could not have been misunderstood by a jury of ordinary intelligence.
The fifth, sixth, seventh and eighth charges asked by the appellant, were given, although some of them were, in substance, in apt language contained in the charge…
2Cases cited1 opinion
- Randall v. CollinsTexas Supreme Court · 1880
3Cited by30 opinions
- Oechsner v. Ameritrust Texas, N.A., Texas Court of Appeals, 8th District (El Paso)1992
- Campbell v. CampbellCourt of Appeals of Texas · 1919
- Navarro v. GarciaCourt of Appeals of Texas · 1915
- Rodgers v. FlemingTexas Commission of Appeals · 1928
- Rudersdorf v. BowersCourt of Appeals of Texas · 1937
25 more not listed; retrieve them via the Exa API.