Scott v. Townsend

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded the case. It held that a testator’s statements that his wife was urging him to make a will, and similar declarations of hostility, are inadmissible hearsay evidence of undue influence because they do not directly indicate the testator’s state of mind. The admission of such testimony was reversible error. The court reaffirmed that testator’s declarations are admissible only when they directly reveal his mental condition.