[Download] "Matter Estate John J. Giessel" by First District, Houston No. 01-86-00717-CV Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate John J. Giessel
- Author : First District, Houston No. 01-86-00717-CV Court of Appeals of Texas
- Release Date : January 14, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Based on the jury's finding that Rosie Kuchera was John J. Giessel's common-law wife, the court rendered judgment declaring her to be Giessel's sole heir. The appellants, Giessel's cousins, challenge the legal and factual sufficiency of the evidence proving the marriage. In considering a legal sufficiency, or no evidence, point, we view the evidence in the light most favorable to the jury's finding, considering only the evidence and inferences therefrom that support the finding and rejecting all other evidence and inferences. Renfro Drug Co. v. Lewis, 149 Tex. 507, 235 S.W.2d 609 (1951). In considering a factual sufficiency point, we evaluate all the evidence, and reverse the judgment only if the jury's finding is so against the great weight and preponderance of the evidence as to be clearly wrong and unjust. In re King's Estate 150 Tex. 662, 244 S.W.2d 660 (1951). When there is conflicting evidence on a fact question, the verdict will generally be upheld. Rego Co. v. Brannon, 682 S.W.2d 677, 680 (Tex. App. -- Houston [1st Dist.] 1984, writ ref'd n.r.e.).