Testator Goes on “Warpath”

In the case of In re Estate of Steed, 152 S.W.3d 797 (Tex. App. – Texarkana 2004, no pet. h.), the jury determined that the testator’s will was invalid because he was subjected to undue influence. The appellate court reversed holding that the evidence was factually insufficient to support the jury’s finding.

The court began its analysis by stating the Rothermel v. Duncan, 369 S.W.2d 917, 922 (Tex. 1963), three prong test of undue influence, that is, the contestant must prove the (1) existence and exertion of an influence (2) that subverted or overpowered the testator’s mind at the time he executed the will (3) so that the testator executed a will he would not have executed but for the influence.

The court carefully examined the evidence, including statements that the testator made to others that he wrote the will to pacify his wife, the primary beneficiary, to get her off the “warpath” and curb her spending.  But, when coupled with other evidence such as that the testator was a lawyer and accomplished businessman, his wife often lived over 500 miles away from him, the testator wrote the will while alone, and the testator sent his wife the will in the mail, there was insufficient evidence to support a jury finding of undue influence.