Court Upholds Finding that Herman Hemsley Had Testamentary Capacity

Actor Herman Alexander Hemsley passed away in 2011, and named his business manager Flora Isela Enchinton Bernal as independent executrix and his sole beneficiary. A Texas appeals court recently heard a challenge to the probate court’s admittance of his will and authorizing issuance of letters testamentary to Bernal.

In In re Estate of Sherman Alexander Hemsley, the El Paso Court of Appeals upheld the probate court’s orders, finding that the evidence heard on Hemsley’s testamentary capacity was legally sufficient. The court further found that the appellant’s right to challenge the disposition of Hemsley’s remains by Bernal was extinguished when she acted on the order and had him buried.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this case to my attention.