Becker v. Schenkelberg

574 N.W.2d 667, 1998 Iowa Sup. LEXIS 10
CourtSupreme Court of Iowa
DecidedJanuary 21, 1998
DocketNo. 96-632
StatusPublished
Cited by1 cases

This text of 574 N.W.2d 667 (Becker v. Schenkelberg) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. Schenkelberg, 574 N.W.2d 667, 1998 Iowa Sup. LEXIS 10 (iowa 1998).

Opinion

McGIVERIN, Chief Justice.

In this case, we must decide whether the district court properly granted defendants’ motion for judgment notwithstanding the verdict, thereby setting aside the jury’s verdict that the testator’s will was the result of undue influence.

On appeal, the court of appeals reversed the district court ruling. On further review, we vacate the decision of the court of appeals and affirm the district court’s ruling.

I. Background facts and proceedings.

Luella Bayer died testate on September 29, 1994, at the age of seventy-five. Mrs. Bayer was a widow, her husband having passed away in 1980. She had no children and her only surviving relatives consist of her only brother’s children and grandchildren. Those fifteen persons are her nieces and nephews and grandnieces and grandnephews. Her will, executed on February 6, 1991, was admitted to probate on October 3, 1994. The will was drafted by attorney William D. Kurth, who had been Mrs. Bayer’s attorney for several years.

The probate inventory of Mrs. Bayer’s estate showed approximately $1.1 million in assets. By the terms of her will, Mrs. Bayer designated her friend, Larry Schenkelberg, as executor, and left him substantial portions of her estate. Mrs. Bayer’s hired man and his wife, Robert and Barbara Janssen, and Mrs. Bayer’s farm tenants, Gerald and Mary Kay Tigges, also received significant bequests. The will also left twenty shares of Carroll County Bank Stock to Debbie Tran-nell and $1000 to St. Mary’s Church of Wil-ley, Iowa, for masses. The residue of the estate was left to St. Mary’s Church and St. Anthony’s Regional Hospital of Carroll, Iowa.

None of the individuals named in the will were related to Mrs. Bayer, but had known her for several years. Schenkelberg was a friend of Mr. and Mrs. Bayer for many years, and his relationship with Mrs. Bayer continued after Mr. Bayer’s death in 1980. Schenkelberg visited Mrs. Bayer at her home a few times a week and the two often had meals together. Mrs. Bayer often consulted with Schenkelberg regarding farm business such as purchasing equipment and selling crops. He assisted Mrs. Bayer in purchasing a new Cadillac automobile in 1992. Schenk-elberg also bought Mrs. Bayer gifts, including jewelry, flowers, and gift certificates. Plaintiffs presented evidence at trial that Schenkelberg had asked Mrs. Bayer to marry him, and that he told her she should sell the farm and move to Arizona with him.

Robert Janssen and his wife Barbara, lived on one of Mrs. Bayer’s three farms and Robert farmed Mrs. Bayer’s land. Robert visited with Mrs. Bayer almost everyday and Mrs. Bayer often stated that he was like a son to her and that he should have a farm. Barbara Janssen and her children also visited with Mrs. Bayer on occasion. Gerald Tigges, the third primary beneficiary named in Mrs. Bayer’s will, rented the portion of Mrs. Bayer’s land known as the “north farm” and was also a close friend. The two often visited together on the telephone discussing farm business and also sat together at church.

Plaintiffs, who were Mrs. Bayer’s nieces, nephews, grandnieces, and grandnephews, filed an action to set aside the will on the ground that defendants, beneficiaries under the will, had unduly influenced Mrs. Bayer in the distribution of her property under the will. The petition named Larry Sehenkel-berg, Gerald and Mary Kay Tigges, Robert and Barbara Janssen, Debbie and her husband Gene Trannell, St. Mary’s Catholic Church, and St. Anthony’s Regional Hospital as defendants. A jury trial was held. Plaintiffs’ case focused on the actions of Schenkelberg, the Janssens and the Tigges. Plaintiffs presented no evidence of undue influence on the part of defendants, Debbie and Gene Trannell, the church or the hospital. At the conclusion of all the evidence, defendants moved for a directed verdict concerning the issue of undue influence, but the court overruled the motion. Defendants requested a jury instruction that would require the jury to determine separately whether each of the five main defendants (Schenkel-berg, the Janssens and the Tigges) had unduly influenced Mrs. Bayer concerning the terms of her will. The court denied the request.

The jury returned a verdict in favor of plaintiffs, finding that Mrs. Bayer’s 1991 will [670]*670was the result of undue influence by defendants. The district court entered judgment on the verdict and set aside the will.

Thereafter, defendants filed a motion for judgment notwithstanding the verdict, asserting that plaintiffs had failed to present substantial evidence of undue influence to justify submitting the case to the jury and that the court should have sustained defendants’ motion for directed verdict. Defendants also filed a motion for new trial, arguing that the court erred in refusing to grant defendants’, requested jury instruction regarding the alleged culpability of each of the five main defendants. The court granted defendants’ motion for judgment notwithstanding the verdict and set aside the jury’s verdict based on its conclusion that plaintiffs failed to present substantial evidence of undue influence. The district court ruled the will of Mrs. Bayer, that had previously been admitted to probate, was valid. The court did not rule on defendants’ motion for a new trial.

Plaintiffs appealed, claiming that the district court erred in: (1) sustaining defendants’ motion for judgment notwithstanding the verdict and setting aside the jury’s verdict; (2) refusing to give plaintiffs’ requested jury instruction as to whether a confidential relationship existed between Mrs. Bayer and defendants; and (3) excluding certain evidence offered by plaintiffs.

Defendants cross-appealed, asserting that if the district court’s ruling on judgment notwithstanding the verdict was reversed, then defendants were entitled to a new trial because the district court erred in refusing to give defendants' requested jury instruction as to whether each of the five main defendants had unduly influenced the testator.

We transferred the ease to the court of appeals which reversed the district court.

We granted defendants’ application for further review and now consider the issues raised by the appeal and cross-appeal.

II. Standard of review.

An action to set aside a will is tried as a law action and our review on appeal is for correction of error of law. Iowa Code § 633.33 (1995); Iowa R.App. P. 4; In re Estate of Grulke, 546 N.W.2d 626, 627 (Iowa App.1996).

The district court sustained defendants’ motion for judgment notwithstanding the verdict. Iowa Rule of Civil Procedure 243(b) provides:

If the movant was entitled to have a verdict directed for him at the close of all the evidence, and moved therefor, and the jury did not return such verdict, the court may then either grant a new trial or enter judgment as though it had directed a verdict for the movant.

The purpose of rule 243(b) is to afford the trial court an opportunity to correct its error in failing to sustain a motion for directed verdict where the movant was entitled to a directed verdict at the close of all evidence. In re Will of Pritchard, 443 N.W.2d 95, 97 (Iowa App.1989).

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Related

Matter of Estate of Bayer
574 N.W.2d 667 (Supreme Court of Iowa, 1998)

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Bluebook (online)
574 N.W.2d 667, 1998 Iowa Sup. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-schenkelberg-iowa-1998.