Lee v. Daugherty

TIREY, Justice.

This is an appeal from the judgment of the District Court of Dallas County denying the probate of an instrument alleged to be the last will and testament of Mrs. Pearl Turner. (The County Court admitted the will to probate.) The court submitted two issues to the jury: (1) “Do you find from a 'preponderance of the evidence that deceased, Pearl Turner, possessed testamentary capacity, as that term is defined to you herein, at the time of the execution of the instrument dated April 16, 1953, offered for probate as her last will and testament,” to which the jury answered “No.” (2)…