Navarro v. Garcia
Court of Appeals of Texas
Appeal from District Court, Duval County; W. B. Hopkins, Judge. Proceedings by S. O. Navarro for the probate of the will of Virginia G. De Caro, deceased, contested by Euuardo G. Garcia and another. From a judgment in the district court, on appeal from the county court, in favor of contestants, the proponent appeals.
1Opinion of the CourtFly, C. J.
Mrs. Virginia G. De Caro died leaving a will, in which she left all of her property to Enriqueta P. Navarro, and appellant was appointed therein the executor. Appellant sought to probate the will, which was contested by appellees, one a brother and the other a half-brother of deceased. The will was probated in the county court, but on appeal to the district court probate of the will was denied.
[1, 2] The burden rested upon the proponent of the will to show that the testatrix was of sound mind at the time that she executed the will. Article S271, Rev. Stats. There is no such presumption of…
2Cases cited2 opinions
- Beazley v. DensonTexas Supreme Court · 1874
- Vance v. UpsonTexas Supreme Court · 1886
3Cited by27 opinions
- Bell v. BellCourt of Appeals of Texas · 1952
- Nass v. NassCourt of Appeals of Texas · 1949
- Chambers v. ChambersCourt of Appeals of Texas · 1976
- Rudersdorf v. BowersCourt of Appeals of Texas · 1937
- Parr v. ParrCourt of Appeals of Texas · 1947
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