Texas A & M University v. Ward

547 S.W.2d 328, 1977 Tex. App. LEXIS 2635
CourtCourt of Appeals of Texas
DecidedJanuary 27, 1977
DocketNo. 7899
StatusPublished

This text of 547 S.W.2d 328 (Texas A & M University v. Ward) 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
Texas A & M University v. Ward, 547 S.W.2d 328, 1977 Tex. App. LEXIS 2635 (Tex. Ct. App. 1977).

Opinion

DIES, Chief Justice.

This is a will contest case. Patricia Aileen Ward, age nineteen, was killed in an [329]*329automobile accident on January 15, 1974. She was a student at Texas A & M University, and at the time of her death was returning to College Station from Dallas after the Christmas holidays to commence the second semester of her sophomore year.

Proponent George N. Clawson, the named executor, filed the instrument dated August 26, 1973, for probate as the Last Will of Patricia Aileen Ward. Contestants were Joyce F. Ward, decedent’s mother, and Louise Powell Ward, a half-sister of decedent.

Texas A & M University, the trustee of a charitable trust created in the will, joined as a Proponent; Attorney General John Hill, a necessary party to the will contest, pursuant to Tex.Rev.Civ.Stat.Ann. art. 4412a, also became a Proponent of the will. Trial was to a jury which found the will to have been the product of undue influence by George N. Clawson, and the County Court of Brazos County entered its judgment on the verdict denying probate of the will. From that judgment, Texas A & M University, Attorney General John Hill, and Mr. George N. Clawson perfect this appeal.

For clarity, Texas A & M, General Hill, and Mr. Clawson will be referred to as “Proponents” or by name, while Joyce F. Ward and Louise Powell Ward will be referred to as “Contestants” or by name.

Proponents urge there is no evidence to support the jury’s finding of undue influence. In passing on this point, we may consider only the evidence and inferences therefrom which tend to support the verdict. Garza v. Alviar, 395 S.W.2d 821 (Tex. 1965).

Mrs. Jessie Kimbley was the apartment manager of Embassy Apartments in Irving in August 1973 when Patricia Aileen came to stay with her father, John Ward, who lived in the complex. The father introduced Patricia Aileen to Mrs. Kimbley. Her father, John Ward, passed away, and then Patricia Aileen introduced the witness to her uncle, Proponent George Clawson. “She brought him to the office when she asked me if I’d seen her will.” Mrs. Kimb-ley did not recall the date but (Patricia) “[sjaid that she was making out a will and wanted to know if I would sign it until she could get another one made out.” Patricia gave her the will; the witness read it; saw Patricia sign it; and then the witness signed it. Patricia did not appear to be on drugs or alcohol but seemed sad. Proponent Clawson “said Patricia wanted — was making out — or had this will made out and wanted to know if I’d sign — witness the will.” Patricia seemed a bright girl and of sound mind. This was the only occasion she had a conversation with Patricia. Clawson signed the will before the witness did. Patricia also asked one Jackie Egans, who lived in the complex, to sign as a witness. It was the witness’ opinion that Patricia knew what her estate consisted of and what she wanted to do with it. Proponent Claw-son said nothing to Patricia about what she ought to do or direct her in any way.

Jackie Egans worked with Patricia at El Chico’s restaurant. She recalled that Patricia asked her to sign the will in August 1973. This occurred in the manager’s office. Patricia asked her to read it before signing. She thought Patricia “knew what she was doing all the time.” On cross examination she indicated that it was Proponent Clawson who told her where to sign. She had seen Clawson visit Patricia at El Chico’s, and they would talk “in the little room.” At the signing of the will Proponent Clawson did not tell Patricia what to do. Patricia did not appear to be under the “influence of anything, such as, drugs or alcohol.”

Joyce Ward, Patricia’s mother, testified she and John G. Ward, Jr., Patricia’s father, were divorced in October of 1967. She was awarded Patricia’s custody. Patricia was about twelve years old then. She had no other children, but John Ward had a daughter by a former marriage, Proponent Louise Powell Ward, about twenty-seven years old. About three weeks before John Ward’s death in August 1973, Patricia ceased living with her mother. Proponent George Claw-son is the husband of Joyce Ward’s sister, and they (the Clawsons) live in Los Angeles. [330]*330At the time of John Ward’s death, the Clawsons were in Joyce Ward’s apartment on vacation. After John Ward’s death, Clawson told Joyce she was still beneficiary on two of her ex-husband’s insurance policies and “you will, of course, turn this money over to Patsy [decedent] immediately.” She refused, and Clawson was “absolutely furious, irate; he screamed at me in a very very ugly tone that if I didn’t turn those over immediately, he was going to tell all of my sisters and brothers . . . how greedy I was.”

Testimony from the Registrar at A & M University seemed to indicate that Patricia’s grades were not as good as they should have been considering she graduated high .in her class in high school.

Barry J. Davis, a student at A & M was a friend of Patricia. In the summer of 1973 Patricia had called him “crying hysterically" that “she kept this desk calendar in the form of a diary. And in it, she had written what, to us kids, would be the worst thing that you could let your parents know about — about the things you were doing.” Her mother (Joyce) found the diary and told her father (John) about it. Because of this, Patricia had moved out of her mother’s house.

In September of 1973 when Patricia returned to A & M, she was “really scared” because of her father’s death. She talked of “Uncle George” (Proponent Clawson) and said Clawson advised her against taking out the insurance policy (the largest asset in her estate).

During the 1973 Christmas break Barry received a letter from Patricia. It said, in part:

“ T spent all Thursday morning downtown with my uncle. God! Does that man aggravate me! He is so authori tative & pushy. He expects you to hop at his every command & he doesn’t seem to realize that I have other things to do (such as work) other than what he says. We’ve decided not to go to court to get my appointment.’ ” etc.

Two letters identified as written by Patricia to herself indicate she might have had sex, dope, and alcohol at times, and it is fair perhaps to comment that they express unhappiness and dissatisfaction with herself. These “letters” were not dated, but Barry perhaps connected them somewhat near the signing of the will. Barry did know she had a will.

William Weiser, a student at A & M, testified that Patricia’s feeling toward her mother (Proponent Joyce Ward) was not good; that he knew Patricia had a will, and she had told him of the bequest to A & M; that Patricia had told him of her desire to set up a scholarship fund for female students. He thought of Patricia as being strong willed.

C. A. Noble married Contestant Joyce Ward’s sister. After Patricia’s funeral Proponent Clawson stated he felt a responsibility to see that Patricia’s will was probated.

Truxton Shaw, an attorney and C.P.A., had been acquainted with John Ward and Contestant Joyce Ward for many years. Shaw’s wife is Joyce’s aunt. Shortly after John’s funeral, Shaw and Proponent Claw-son had a conversation. Clawson asked Shaw if he believed John intended to change the insurance policies payable to Contestant Joyce to provide that Patricia be the beneficiary. Shaw responded that if John had wanted to change them he would have.

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Related

Rothermel v. Duncan
369 S.W.2d 917 (Texas Supreme Court, 1963)
Rothermel v. Duncan
365 S.W.2d 398 (Court of Appeals of Texas, 1963)
Garza v. Alviar
395 S.W.2d 821 (Texas Supreme Court, 1965)
Dulak v. Dulak
513 S.W.2d 205 (Texas Supreme Court, 1974)

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Bluebook (online)
547 S.W.2d 328, 1977 Tex. App. LEXIS 2635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-a-m-university-v-ward-texapp-1977.