Texas Supreme Court

Rufus Lindley, Petitioners v. J. G. Lindley, Respondents

October 7, 19648 Tex. Sup. Ct. J. 10

Summary

The court reversed the judgment admitting Mrs. Lindley's holographic will to probate and remanded for a new trial because the evidence raised a jury question whether an insane delusion affected the will, and the trial court therefore should have submitted an appropriate instruction. The court further provided guidance for retrial, holding that declarations were admissible to show mental condition but not to prove the truth of the matters asserted, that the evidence did not support submission of undue influence, and that several portions of the jury charge and expert testimony required correction.