In Texas, X died testate. The will identifies Legatee A (who is the son of X) as
ID: 372307 • Letter: I
Question
In Texas, X died testate. The will identifies Legatee A (who is the son of X) as a beneficiary of a legacy. However, X’s will is amended by "Codicil 1" which states that Legatee A refuses to accept any legacy or devise under this will. The will states: "Codicil 1 is attached to this will and amends this will to the extent so provided in Codicil 1". "Codicil 1" purports to have been signed by Legatee A. Legatee A brings suit against the executor of the will on grounds that Legatee A did not sign "Codicil 1". Legatee A claims the signature of Legatee A in "Codicil 1" is a forgery. Which of the following statements, if any, is correct regarding the law in Texas?
a. The law regarding evidence of handwriting by comparison is found in the Texas Code of Criminal Procedure. b. The law regarding evidence of handwriting by comparison is found in the Texas Code of Civil Procedure. c. The law regarding evidence of handwriting by comparison is based on case precedent established by Texas courts. d. None of the other choices are correct. e. The law regarding evidence of handwriting by comparison is found in the Texas Rules of Evidence.Explanation / Answer
The answer should be
c. The law regarding evidence of handwriting by comparison is based on case precedent established by Texas courts.
Because the decision of the court must be based on the precedent of the signature
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