Summary
The Fourteenth Court of Appeals of Texas affirmed the probate court’s judgment admitting Raul Humberto Ayala, Sr.’s 2006 will to probate. The court held that legally and factually sufficient evidence supported the jury’s findings that the will was properly executed, that Raul Sr. had testamentary capacity, and that the will was not the product of undue influence.
Holdings
- The evidence was legally and factually sufficient to support the jury's finding that the 2006 will satisfied the requirements for valid execution.
- The evidence was legally and factually sufficient to support the jury's finding that the decedent did not execute the 2006 will as a result of undue influence.
- The evidence was legally and factually sufficient to support the jury's finding that the decedent had testamentary capacity when he executed the 2006 will.
Questions Presented
- Whether legally and factually sufficient evidence supported the jury's finding that the 2006 will was properly executed.
- Whether legally and factually sufficient evidence supported the jury's failure to find that the decedent executed the 2006 will as a result of undue influence.
- Whether legally and factually sufficient evidence supported the jury's finding that the decedent had testamentary capacity to execute the 2006 will.
Disposition
affirmed
Cases Cited (19)
- Univ. Gen. Hosp., L.P. v. Prexus Health Consultants, LLC, 403 S.W.3d 547, 550-51 (Tex. App.—Houston [14th Dist.] 2013, no pet.)(followed)
- Dow Chem. Co. v. Francis, 46 S.W.3d 237, 241-42 (Tex. 2001)(followed)
- Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 406-07 (Tex. 1998)(followed)
- Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986)(followed)
- GTE Mobilnet of S. Tex. Ltd. P'ship v. Pascouet, 61 S.W.3d 599, 615-16 (Tex. App.—Houston [14th Dist.] 2001, pet. denied)(followed)
- Gonzalez v. McAllen Med. Ctr., Inc., 195 S.W.3d 680, 681 (Tex. 2006) (per curiam)(followed)
- Nip v. Checkpoint Sys., Inc., 154 S.W.3d 767, 769 (Tex. App.—Houston [14th Dist.] 2004, no pet.)(followed)
- Croucher v. Croucher, 660 S.W.2d 55, 57 (Tex. 1983)(followed)
- In re Estate of Coleman, 360 S.W.3d 606, 610 (Tex. App.—El Paso 2011, no pet.)(followed)
- Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex. 2000)(followed)
Showing top 10 of 19.
Cited In (0)
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Court Document
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