(Download) "John T. Chambers v. Peggy (Noblin) Chambers" by Court of Criminal Appeals of Texas # eBook PDF Kindle ePub Free

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Title: John T. Chambers v. Peggy (Noblin) Chambers
Author : Court of Criminal Appeals of Texas
Release Date : January 16, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Peggy Noblin, Joann Skinner, and Carol Smith brought this action in the Probate Court of Dallas County, Texas, in which they sought annulment and cancellation of an order of the probate court dated September 21, 1970, which admitted to probate an instrument as the last will of Carl N. Chambers, deceased, and appointed John T. Chambers as independent executor of the estate of Carl N. Chambers, deceased. The basis of the suit was that the holographic will of Carl N. Chambers, Sr., deceased, dated February 20, 1963, which had been admitted to probate, had been previously revoked by one or more later holographic wills dated May 8, 1964; December 20, 1964; March 26, 1968; and March 5, 1970. Trial was before the court without a jury. The court entered judgment revoking and setting aside the previous order of September 21, 1970 admitting to probate the will dated February 20, 1963 and holding that such will had been revoked by one or more of the subsequent wills. John T. Chambers, independent executor of the will previously admitted to probate, appeals from this judgment which requires the decedents estate to be administered under the laws of intestate succession. Appellants principal contentions are that appellees failed to prove: (1) The subsequent holographic wills contained the handwriting and signature of the decedent; (2) the decedent possessed the necessary testamentary capacity at the time of execution of the wills, and (3) the subsequent wills were executed free from undue influence. Appellant also contends that a will which is not admitted to probate cannot be used to revoke a prior will. Because we find no merit in any of these contentions, we affirm the judgment.