DOMINGUEZ v. DURAN

No. 16725.

540 S.W.2d 567 (1976)

Rupert DOMINGUEZ, Individually and as Independent Executor of the Estate of John Duran, Sr., et al., Appellants, v. John G. DURAN, Jr., Individually and as next friend of Jerry Lee Duran, a minor, Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 26, 1976.


Attorney(s) appearing for the Case

Maurice A. Lehmann, Houston, R. A. Stallings, Rosenberg, for appellants.

Ragan, Russell & Rorschach; John L. Russell, Richard G. Rorschach, Houston; Pollan & Nicholson; Elbert V. Pollan, Rosenberg, for appellees.


EVANS, Justice.

This will contest was instituted by John G. Duran, Jr. and Jerry Lee Duran, a minor, to set aside the probate of the will of their father, John Duran, Sr. on the grounds of lack of testamentary capacity and undue influence. The proponents of the will, defendants below, were Rupert Dominguez, testator's nephew, and Fred Duran, a brother of the testator.

The case was submitted to a jury which rendered a verdict in favor of the contestants, finding...

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