In Re Estate Of Ward

2011 WL 3720829 (2011)

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Nature of the Case

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Facts

Doris and D were married in 1978. Both had children from previous marriages, but they did not have children together. They lived in a house constructed on 4.44 acres conveyed to them by Doris’s parents in 1997. P and her husband lived in a house next door that apparently was updated by Doris and D after P agreed to move from Arkansas to Cleburne, Texas, to care for Doris and her father. Doris and her father “were in failing health.” P actively took care of Doris to the extent that, at one point in time, Doris granted P a power of attorney to make medical decisions for her. Doris died on March 21, 2009. D filed an application to probate Doris’ will that had been executed on December 11, 2008. Doris left her property to D which included a 77-acre tract of real property that Doris has inherited from her parents. The trial court probated the will and appointed D the executor. P filed suit alleging the will was executed from the undue influence of D. P claimed that Doris conveyed the 77 acres in a deed to her before Doris and D went to Europe on vacation. The document was destroyed when the couple returned from Europe. The jury found that Doris had signed a deed to the family farm and delivered the deed to P and D exerted undue influence over Doris in the execution of the probated will. D appealed.