Trial Court Verdict In Will Contest Upheld On Appeal

March 29, 2013

Partners, Artie Giotes and Jim Hering, successfully defended a Will contest where the Decedent’s estate was worth several million dollars.  Contestant, excluded from the Will, filed a contest to the Will probated by Mr. Giotes.  The Contestant attempted to set aside the probate based on lack of testamentary capacity and undue influence.  Following a jury trial in the McLennan County Court at Law, the Will was upheld by ruling of the trial court.  The Contestant challenged the trial court’s ruling by filing an appeal to the Tenth Court of Appeals in Waco.  After the case was transferred to the Thirteenth Court of Appeals, in Corpus Christi, the Court upheld the trial court’s verdict.  Details of the opinion are reported in:  In re Estate of Margaret Bolton Clifton, 13-11-00462-CV, 13th District Court of Appeals, Corpus Christi, 2012 Tex. App. LEXIS 6400, August 2, 2012.