Degenhardt v. Joplin
Court of Appeals of Texas
Appeal from District Court, Eastland County; E. A. Hill, Judge. Suit by Mrs. S. E. E. Joplin, joined by her husband, against Stella Caldwell Degenhardt and others. Judgment for plaintiffs, and defendants appeal.
1Opinion of the Court
This is a suit filed by Mrs. S.E. E. Joplin, joined by her husband, to set aside the probate of a will made by her mother, Mrs. Mary E. Caldwell, September 9, 1914.
The cause was submitted to a jury on two special issues, to wit:
1. "Did Mary E. Caldwell have mental capacity, as herein defined, to execute the will introduced in evidence?"
Answer: "No."
2. "Was Mary E. Caldwell compelled to execute the will introduced in evidence by undue influence, as hereinafter defined, of Stella Caldwell Degenhardt, R. W. Caldwell, and James A. Caldwell?"
Answer: "She was unduly influenced."
Mrs. Caldwell was…
2Cases cited5 opinions
- Cartwright v. CanodeTexas Supreme Court · 1914
- Clark v. BrileyCourt of Appeals of Texas · 1916
- Moore v. RogersTexas Supreme Court · 1892
- Ft. Worth & D. C. Ry. Co. v. Decatur Cotton Seed Oil Co.Court of Appeals of Texas · 1917
- Farmers' & Merchants' Gin Co. v. SimmonsCourt of Appeals of Texas · 1915
3Cited by7 opinions
- Breeding v. NalerCourt of Appeals of Texas · 1938
- Cheesborough v. CorbettCourt of Appeals of Texas · 1941
- Johnson's Estate v. PoindexterCourt of Appeals of Texas · 1926
- Henson v. AdkinsCourt of Appeals of Texas · 1926
- Moore v. MartinCourt of Appeals of Texas · 1925
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