M.E. Brackenridge and State of Texas v. Isabella H. Roberts and Isabella H. McIntyre.

Summary

The Texas Supreme Court reversed the lower courts, holding that the question of whether a penciled instrument executed by George W. Brackenridge in December 1920 was intended as a will revoking his 1913 will must be submitted to a jury, and that under Art. 7859 a subsequent will executed with like formalities revokes a prior will even if later destroyed. The court also affirmed that the burden of proving a will has not been revoked rests on the proponent. The case was remanded for a new trial.