Lee v. Lee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that in will contest filed after will is admitted to probate, burden of proof is on party contesting will to establish testator lacked testamentary capacity
• proper inquiry on issue of testamentary capacity is the condition of the testator’s mind on the day will was executed
• proper inquiry on issue of testamentary capacity is the condition of the testator's mind on the day will was executed
• after will admitted to probate, burden is on will contestants to establish incapacity by a preponderance of the evidence
• evidence on issue of testamentary capacity may come from testimony of lay witnesses
• evidence on issue of testamentary capacity may come from testimony of lay witnesses

Source: CourtListener parenthetical corpus (CC0).

Cited by

83 cases in this archive cite this case; the 20 most cited are listed.

• Croucher v. Croucher
  Texas Supreme Court· 1983-11-02· cited 1,105×
• Yancy v. United Surgical Partners International, Inc.
  Texas Supreme Court· 2007-10-19· cited 175×
• Virginia O. Kinsel, as Attorney-In-Fact for J. Frank Kinsel, J. Frank Kinsel, Jr., Carole K. Edwards, and Catherine K. Collins v. Jane O. Lindsey, Individually and as Co-Trustee of the Lesey B. Kinsel Trust, Robert N. Oliver, Keith Branyon and Jackson Walker, Llp
  Texas Supreme Court· 2017-05-26· cited 112×
• Horton v. Horton
  Court of Appeals of Texas· 1998-04-23· cited 87×
• Bracewell v. Bracewell
  Tex. App. Ct., 14th Dist. (Houston)· 2000-06-22· cited 49×
• In Re Estate of Graham
  Tex. App. Ct., 13th Dist.· 2002-03-14· cited 48×
• Schindler v. Schindler
  Tex. App. Ct., 5th Dist. (Dallas)· 2003-11-21· cited 46×
• In Re the Estate of Robinson
  Tex. App. Ct., 13th Dist.· 2004-06-24· cited 33×
• Matter of Estate of Woods
  Texas Supreme Court· 1976-10-20· cited 30×
• In Re Estate of Flores
  Tex. App. Ct., 13th Dist.· 2002-03-28· cited 29×
• Bradshaw v. Naumann
  Court of Appeals of Texas· 1975-10-08· cited 27×
• Lowery v. Saunders
  Tex. App. Ct., 4th Dist. (San Antonio)· 1984-01-11· cited 26×
• Chambers v. Chambers
  Court of Appeals of Texas· 1976-09-16· cited 23×
• In re Estate of Danford
  Court of Appeals of Texas· 2018-05-01· cited 21×
• Tieken v. Midwestern State University
  Court of Appeals of Texas· 1995-12-21· cited 17×
• Williford v. Masten
  Court of Appeals of Texas· 1975-03-17· cited 16×
• In Re Neville
  Tex. App. Ct., 6th Dist. (Texarkana)· 2002-01-30· cited 16×
• In Re Cervantes
  Tex. App. Ct., 10th Dist. (Waco)· 2009-11-10· cited 14×
• In Re the Estate of Trawick
  Tex. App. Ct., 6th Dist. (Texarkana)· 2005-08-18· cited 14×
• In Re Estate of Blakes
  Tex. App. Ct., 5th Dist. (Dallas)· 2003-05-01· cited 11×

Cites

6 cases in this archive are cited by this case.

• In Re King's Estate
  Texas Supreme Court· 1951-12-05· cited 4,309×
• Lindley v. Lindley
  Texas Supreme Court· 1964-10-07· cited 71×
• Carr v. Radkey
  Texas Supreme Court· 1965-07-28· cited 61×
• Cole v. Waite
  Texas Supreme Court· 1952-03-05· cited 49×
• Chambers v. Winn
  Texas Commission of Appeals· 1941-07-16· cited 40×
• Chambers v. Winn
  Texas Supreme Court· 1941-07-16· cited 38×