Opinion
Application No. A-417.
Decided January 31, 1945. Rehearing overruled February 28, 1945.
Trial — Writ of Error — Appeal and Error.
Where an issue has been submitted and determined by the trial court and the record, including appellant's brief in the Court of Civil Appeals, shows no procedural error in the trial of the case, it was proper for the Court of Civil Appeals to affirm the trial court's judgment, even though it gave an erroneous reason for doing so, and an application for writ of error will be refused for want of merit.
Error to the Court of Civil Appeals for the Fourth District, in an appeal from San Patricio County.
This is a contest of the probation of the will of Mrs. Clara Todd. The contestant, Reiche, a brother of Mrs. Todd, claiming that she did not have testamentary capacity, while Mrs. Williams, a sister of Mrs. Todd, claimed she did. The trial court found that Mrs. Todd possessed testamentary capacity to dispose of her property as she saw fit. That judgment was affirmed by the Court of Civil Appeals 183 S.W.2d 587, and application for writ of error has been filed in the Supreme Court.
Refused for want of merit.
John Dawson, of Sinton, for petitioner.
J.L. McNees, of Dallas, for respondent.
We are not in accord with the holding of the Court of Civil Appeals that the evidence did not raise the issue of the mental incapacity of the testatrix to make the will. However, that issue was submitted to the jury and determined adversely to the contestant, and judgment was entered probating the will. The Court of Civil Appeals affirmed that judgment. 183 S.W.2d 587. We have carefully examined the record, including appellant's brief in the Court of Civil Appeals, and find no procedural error in the trial of the case. Therefore the Court of Civil Appeals properly affirmed the judgment of the trial court, even though it gave an erroneous reason therefor. The application for a writ of error is therefore "Refused for Want of Merit."
Opinion delivered January 31, 1945.
Rehearing overruled February 28, 1945.