Texas Supreme Court

Mrs. Elizabeth Scott v. Mrs. Georgia Scott Townsend

May 20, 1914106 Tex. 322

Summary

The Texas Supreme Court reversed and remanded the lower courts because it held that the trial court erred by admitting the testator's declarations that his wife had been urging him to make a will; such statements are inadmissible hearsay and do not show the testator's state of mind. The court affirmed the rule that testator's declarations are admissible only when they directly indicate his mental condition and are offered within a reasonable time of the will's execution.