Carr v. Radkey
Texas Supreme Court
393 S.W.2d 806 (1965)
- Written by Rich Walter, JD
Facts
Radkey and others (plaintiffs) contested Hattie Hewlett's will, arguing Hewlett was of unsound mind and therefore lacked capacity to execute a will. At trial, the State of Texas, represented by Carr (defendant), proffered a mental health expert's opinion that some of Hewlett's actions showed that she was of sound mind at the time she executed the will. The judge excluded the proffered testimony because it pertained to the ultimate issue in the case, thus invading the province of the jury. The jury determined Hewlett was mentally incapacitated, and the trial court denied probate to the will. The appeals court affirmed the judgment, and the state appealed to the Supreme Court of Texas.
Rule of Law
Issue
Holding and Reasoning (Greenhill, J.)
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