In re Estate of Sidranksy,
420 S.W.3d 90 (Tex. App.—El Paso 2012,
pet. denied).
The trial court granted conducted a bench trial and found that
Testatrix had testamentary capacity. The court then
granted a summary judgment motion that Testatrix was not subject to
undue influence when she executed her will.
On appeal, the court conducted a careful review of the evidence and
found that it did not raise “a genuine issue of material fact on the
existence and exertion of influence.” The court
stressed that evidence showing that Testatrix was susceptible to undue
influence because of a weakened physical and mental condition did not
constitute evidence that any undue influence actually was exerted.
Accordingly, the appellate court affirmed the trial court’s
judgment and ended its opinion with the phrase, “May she rest in peace.”
Moral: A contestant who claims
that a will was the product of undue influence must be certain to
present evidence showing that the influence was actually exerted because
evidence showing only susceptibility is insufficient to prevent a
summary judgment that the will was not the product of undue influence.