KIRKPATRICK v. RAGGIO

No. 15967.

319 S.W.2d 362 (1958)

Elizabeth Jane KIRKPATRICK, Appellant, v. Louise B. RAGGIO et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 9, 1959.


Attorney(s) appearing for the Case

Harold L. Patterson, Garvin H. Germany, Jr., and C. C. Renfro, Dallas, for appellant.

Grier H. Raggio, Dallas, for appellee Louise B. Raggio.

De Shazo & Hyde, and Ara S. Hyde, Dallas, for appellees Dorothy Grove et vir.


RENFRO, Justice.

The will of George Kirkpatrick was admitted to probate by the Probate Court of Dallas County. Thereafter, Elizabeth Jane Kirkpatrick filed a proceeding to contest the validity of the will. Judgment was rendered against her, whereupon she appealed to the District Court. The grounds for invalidating the will were based on alleged mental incapacity and undue influence.

No issue was requested or submitted on mental incapacity. The court submitted...

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