Cockrill v. Cox

Citations

• 65 Tex. 669

Syllabus

<p>1. Probate of will—Contestation over—District courts—-Trial by jury— A party to a contestation arising upon an application for probate of a will, begun in the county court, but subsequently transferred to the district court, because of the disqualification of the judge of the county court, is entitled, on request, in the district court, to a trial by jury.</p> <p>2. Witness—Evidence—It is competent for a witness to give his opinion as to one’s mental capacity to make a will, after having testified to the facts upon which that opinion is predicated. (Citing Garrison v. Blanton, 48 Tex. 301.)</p> <p>3. Omission in charge—Not a subject of review, unless—Special instructions— An omission on the part of the trial court to charge the jury on a particular phase of the case, will not be considered by the appellate court, unless the complaining party, by asking a special instruction on the point, shows that he has not speculated on the chances of a favorable verdict. (Citing Beazley v. Denson, 40 Tex. 434.)</p> <p>4. Wills—Testamentary capacity—Evidence—Verdict of jury—See the opinion, on motion for rehearing in this case, for evidence held sufficient to support the verdict of a jury against the testamentary capacity of a testatrix at the time of making her will.</p>