Collins v. Smith – Case Brief Summary (Texas)

In Collins v. Smith, 53 S.W.3d 832, 843 (Tex. App.--Houston 1st Dist. 2001, no pet.), the jury found that the contestants did not act in good faith or with just cause when they contested a 1998 will, which they claimed was not prepared according to the usual standards; the contestants filed for probate a will from 1994.

The jury heard conflicting testimony about the testator's depression and its effect on his susceptibility to the influence of others, but the jury also heard testimony that he was of sound mind when he executed the will and that the will reflected his wish that his grandchildren inherit his property. Id.

The Collins court held that it was the jury's province to resolve conflicting testimony, and it affirmed the finding of the jury that the contestants had not acted in good faith or with just cause. Id.