Rodgers v. Estate of King

614 S.W.2d 896, 1981 Tex. App. LEXIS 3480
CourtCourt of Appeals of Texas
DecidedApril 2, 1981
DocketNo. 6302
StatusPublished

This text of 614 S.W.2d 896 (Rodgers v. Estate of King) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodgers v. Estate of King, 614 S.W.2d 896, 1981 Tex. App. LEXIS 3480 (Tex. Ct. App. 1981).

Opinion

OPINION

McDONALD, Chief Justice.

This is an appeal from summary judgment denying probate of a writing offered by appellant as the last will and testament of Charlene W. King, deceased.

Pertinent portions of the instrument are:

“THE STATE OF TEXAS X
LAST WILL AND TESTAMENT:
COUNTY OF NAVARRO X
I, CHARLENE W. KING, of the County of Navarro, State of Texas, being of sound and disposing mind, memory and understanding, and above the age of nineteen years, do make and publish this my last will and testament, hereby revoking all former wills, if any, by me heretofore made.
1.
“I desire and direct that my body be buried in a decent and christianlike manner * * *.
2.
“I desire and direct that my just debts * * * be paid * * *.
3.
“I give, bequeath and devise to my beloved nephew, E. E. Rodgers, Jr., all of my estate of every description, * * *.
4.
“I hereby appoint my nephew, E. E. Rodgers, Jr., Independent Executor of this, my last will and testament, * * *.
“EXECUTED this the 27th day of May, 1963.
/S/Charlene W. King CHARLENE W. KING, TESTATRIX”
(End of Page 1)
BEFORE ME, the undersigned authority, on this day personally appeared CHARLENE W. KING and the attesting witnesses, known to me to be the testatrix and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said persons being by me duly sworn, the said CHARLENE W. KING, testatrix, declared to me and to the said witnesses in my presence and in the presence of said witnesses that said instrument is her last will and testament, and that she had willingly made and executed it as her free act and deed for the purposes therein expressed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testatrix that the said testatrix had declared to them that said instrument is her last will and testament, and that she executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testatrix and at her request; that she was at that time nineteen years [898]*898of age or over and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

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Related

McGrew v. Bartlett
387 S.W.2d 702 (Court of Appeals of Texas, 1965)
McLeroy v. Douthit
535 S.W.2d 771 (Court of Appeals of Texas, 1976)
Douthit v. McLeroy
539 S.W.2d 351 (Texas Supreme Court, 1976)
Cherry v. Reed
512 S.W.2d 705 (Court of Appeals of Texas, 1974)
Boren v. Boren
402 S.W.2d 728 (Texas Supreme Court, 1966)
In Re Estate of Pettengill
508 S.W.2d 463 (Court of Appeals of Texas, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
614 S.W.2d 896, 1981 Tex. App. LEXIS 3480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-estate-of-king-texapp-1981.