Lon LEE, Petitioner v. John W. LEE, Jr., Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals' decision admitting the will to probate and remanded for a new trial. It held that the evidence of the testator's mental condition at times other than the execution date was sufficient to infer lack of testamentary capacity on the execution date, and that the burden of proof rests on the contestants. The Court also instructed that the retrial focus on testamentary capacity, not merely "unsound mind," and that if incapacity is not shown, the contestants receive nothing.