Legal Opinion

Knight v. Edwards

Texas Supreme Court

Decided February 10, 1954No. A-4303PublishedCited by 15 opinions

1Opinion of the CourtJustice Calvert

Petitioners are the proponents and respondent is the contestant of the will of Mrs. Lou Lockhart.

At the conclusion of the evidence, the trial judge granted the petitioners’ motion for an instructed verdict and admitted the will to probate. The Court of Civil Appeals reversed the judgment of the trial court and remanded the cause for retrial. 258 S.W. 2d 877.

The basis of the contest was that at the time she made her will the testatrix lacked testamentary capacity because she was the victim of an insane delusion. The Court of Civil Appeals has held that the state of the evidence was such as to…

2Cases cited10 opinions

  1. Prather v. McClellandTexas Supreme Court · 1890
  2. Vance v. UpsonTexas Supreme Court · 1886
  3. Green v. DicksonCourt of Appeals of Texas · 1948
  4. De Galindo v. GarciaTexas Supreme Court · 1947
  5. Lanham v. LanhamCourt of Appeals of Texas · 1910

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3Cited by15 opinions

  1. Lindley v. LindleyTexas Supreme Court · 1964
  2. Carr v. RadkeyTexas Supreme Court · 1965
  3. Oechsner v. Ameritrust Texas, N.A., Texas Court of Appeals, 8th District (El Paso)1992
  4. In Re Meagher's EstateWashington Supreme Court · 1962
  5. Morris v. United StatesDistrict Court, N.D. Texas · 1963

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