We represent Holly Dixon, the widow of Thomas Dixon, in the case to Dixon v. Cary. She wishes to challenge the probate of the holographic will of Thomas Dixon. Mary Cary, the sister of Thomas Dixon and personal representative of his estate, has submitted for probate a holographic will prepared by Mr. Dixon.
The first half of the will is in the handwriting of Mr. Dixon. The second half is typewritten. It was typed by the next-door neighbor, Edgar Mae. Mr. Mae states that Mr. Dixon asked him to finish the will because Mr. Dixon was too weak to continue. The will is signed by Mr. Dixon. There are no subscribing witnesses to the will, but it includes a self-proving affidavit that meets the requirements of the statute.
Is the will admissible to probate under Texas law?
Statutory Law: Tex. Prob. Code. Ann. § 59, Requisites of a Will (Vernon 1980), provides: "Every last will and testament ... shall be in writing..., and shall, if not wholly in the handwriting of the testator, be attested by two (2) or more credible witnesses..."
Tex. Prob. Code. Ann. § 60, Exception Pertaining to Holographic Wills (Vernon 1980), provides: "Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will may be made self-proved at any time during the testator's lifetime by the attachment or annexation thereto of an affidavit by the testator to the effect that the instrument is his last will; that he was at least eighteen years of age when he executed it...; that he was of sound mind; and that he has not revoked such instrument."
Case Law: Dean v. Dickey, 225 S.W.2d 999 (Tex. Civ. App. 1949) (see Appendix A).