Estate of Cooksey

In Estate of Cooksey, the San Antonio Court of Appeals upheld a jury’s finding that three deeds and a will were the product of undue influence. The effect was to overturn the deeds and the will.

The dispute involved a couple and their two daughters. The husband died in 2010. According to testimony, they had affirmed they intended to divide their property equally between the daughters. But that is not how it turned out. The wife signed three gift deeds to one of the daughters in 2012. She also executed a new will in 2012, leaving her entire estate to that daughter. She then died in 2016.

The disinherited daughter contested the will and challenged the gift deeds. The basis was lack of capacity and undue influence, but only the undue influence claim went to the jury.

The jury found the deeds and will were the products of undue influenced exercised by the benefiting daughter on the mother.

The court noted:

Sarah testified that, according to Joanne, Suzanne claimed Sarah was the one who broke into and stole from Joanne’s safe. Sarah testified this was a lie because she did not have the safe combination, but Suzanne did. Sarah also testified that, again according to Joanne, Suzanne told her Sarah was “running all over town, spreading stories about her being crazy and incompetent.” Sarah testified this, too, was false. A family friend, Cheryl McMullen, testified about a conversation she had with Suzanne and Joanne. McMullen testified Suzanne said during the conversation that “Sarah lied or stole or cheated” and was a “bad mother.” McMullen stated Suzanne’s comments influenced Joanne. Suzanne was also living on the ranch with Joanne, and Sarah testified Suzanne made efforts to isolate Joanne. This evidence would enable a reasonable factfinder to conclude an influence existed and that Suzanne exerted an influence on Joanne.

There was also medical evidence that the mother had a stroke and was suffering from dementia. Her diminished mental and physical condition would have made her more susceptible to influence.

Undue influence is difficult to prove. And an undue influence verdict can be difficult to keep on appeal. It is likely the jury was troubled by a mother excluding entirely one of her daughters, on a basis they did not find satisfying.