Estate of Angle

47 Pa. D. & C.4th 540, 2000 Pa. Dist. & Cnty. Dec. LEXIS 188
CourtPennsylvania Court of Common Pleas, Franklin County
DecidedMarch 21, 2000
Docketno. 107 of 1998
StatusPublished

This text of 47 Pa. D. & C.4th 540 (Estate of Angle) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Franklin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Angle, 47 Pa. D. & C.4th 540, 2000 Pa. Dist. & Cnty. Dec. LEXIS 188 (Pa. Super. Ct. 2000).

Opinion

HERMAN, J.,

INTRODUCTION

Before the court is an appeal from probate contesting the last will and testament of decedent Amos A. Angle, a widower, who died October 31, 1997 at age 83. Mr. Angle’s will was dated April 14, 1997 and probated on June 22,1998 by the Franklin County Register of Wills. The parties are Mr. Angle’s adult children. The contestants of the will are Faye Heinbaugh, Paul Angle and Joseph Angle, and the proponents are Ronald Angle, Martha Spielman and Elizabeth Cline.1 Contestants Paul and Joseph Angle were not present at trial. Ronald Angle appeared pro se at trial and participated on his own behalf. The other two respondents, Martha Spielman and Elizabeth Cline, were represented by separate counsel at trial. The petitioners were jointly represented by the same counsel. Although James Angle was named as a proponent in this litigation, he did not obtain counsel to represent him and testified at trial in favor of the contestants. The estate is represented by Attorney J. Denny Guyer, Esquire. Attorney Guyer informed the court and counsel [543]*543shortly after the pretrial conference that he did not intend to appear on behalf of the estate to oppose the petition. The contestants allege their father lacked testamentary capacity when he executed the April 14 will or in the alternative, the proponents exercised undue influence over Mr. Angle during the period leading up to the will’s execution.

Mr. Angle made a will on June 25,1982 which granted his daughter Elizabeth (Libby) Cline one acre of mountain land on Hunter Road in Montgomery Township and the trailer situated on that land. The house located on Hunter Road and its surrounding 11 acres of mountain land were to pass through the residuary clause and be divided equally among Mr. Angle’s children in a 9/10 share, with a 1/10 share left to the church.2 Mr. Angle at that time had 10 children, three of whom died after the 1982 will was executed. The will granted various items of personal property to Ronald, James, Joseph, Martha and Faye’s husband, Dean. These items are not in dispute. Counsel for the parties and the parties themselves indicated at trial the total acreage of the Hunter Road property is 12 acres. We note this conflicts with contestants’ exhibit no. 12 which indicates the property consists of more than 16 acres. James and Ronald Angle were named as co-executors of the 1982 will.

The April 14, 1997 will granted Libby two acres of the Hunter Road property improved with both the trailer and the house. The rest of the Hunter Road property consisting of 10 acres of mountain land was left to Ronald. [544]*544Martha received a life estate in a house on Two Top Road in Mercersburg. The remainder of the estate was to be divided as before, with 1/10 left to the church and the other 9/10 divided equally between the children.3 James and Ronald were again named co-executors. The 1997 will was prepared by Mr. Angle’s attorney, Thomas B. Steiger Jr., Esquire, and witnessed by Attorney Steiger and his secretary.

Mr. Angle’s probate estate is worth approximately $300,000, with the real estate being the most valuable part of the estate. The property on Two Top Road was appraised at $75,000-$80,000 and the Hunter Road property was appraised at $84,000-$99,000. These appraisal figures are not in dispute.4

The contestants allege Mr. Angle suffered from Alzheimer’s disease and it was this disease which prevented him from having the capacity to make the April 14, 1997 will, and also allowed the proponents to exercise undue influence over him in order to obtain for themselves greater benefits than they would have received under the 1982 will.

BACKGROUND

Mr. Angle and his wife had 10 children, three of whom died of cancer after the execution of the 1982 will. The remaining children live in the Franklin County area with the exception of contestant Joseph Angle who lives in [545]*545Utah. Mr. Angle built the house on Hunter Road in the late 1950s and also owned the house on Two Top Road where he lived until he entered a nursing home two months before his death. Although he retired from his full-time occupation as a carpenter many years before the events at issue in this case, he remained physically active in his later years with carpentry and handyman projects. He attended his grandchildren’s sports events, attended church regularly and maintained his own properties, cutting the grass and shoveling coal and snow even in the last few months of his life. He rode his bicycle several miles almost daily and continued to drive his car and attend family gatherings and vacations. He also enjoyed hunting in state and out west with his son-in-law Dean Heinbaugh and youngest son Ronald.

By all accounts, Mr. Angle had always been an independent, self-reliant man. He could be stubborn, occasionally bossy and gruff, and was undeterred by the opinions of others. Despite these sterner traits and a frugal nature, he was a generous man who donated his time and skills to family, neighbors and friends on their home repair projects, although he had been retired for many years. He had a history of allowing people to live on his properties so long as there were no problems and frequently gave his grandchildren small amounts of money for meals, toys and other amusements.

After Mr. Angle’s wife died in 1974, he continued to live in the house on Two Top Road. His daughter Martha Spielman, one of the proponents of the 1997 will, moved in with him after she and her husband John separated in 1979. Mr. Angle and Martha lived at Two Top Road together until he entered the nursing home. She worked as [546]*546a certified nursing assistant and had a varied schedule which included evening classes beginning in 1996. Martha and her father had their own lives and went their own ways for the most part. Although she occasionally prepared meals for him, they usually did their own cooking. She cleaned house, did her father’s laundry and reminded him to take his medications. Mr. Angle paid the household bills, mowed the grass and did minor maintenance tasks around the house. He did not charge Martha rent.

Mr. Angle allowed Martha’s estranged husband to live in a trailer a short distance from the house, much to Martha’s chagrin. She and her father often fought about the matter, with their arguments intensifying in the years before Mr. Angle’s death. Mr. Angle never yielded despite Martha’s strong feelings on the subject, because he and Mr. Spielman got along well. Mr. Spielman testified he told Mr. Angle in 1993 he wanted to buy the land on which his trailer sits, but Mr. Angle refused because he wanted Martha to have a place to live and did not want to sell the land out from under her. Although Mr. Angle once mentioned to family members he would like to see Martha get out on her own, there was no evidence he ever tried to charge her rent or place other financial demands on her to induce her to move out.

Proponent Libby Cline and her husband Dave lived for several years in a trailer on Mr. Angle’s Hunter Road property with their three children, while a tenant lived in the house. Libby became unexpectedly pregnant with her fourth child in 1993 after undergoing reconstructive surgery following a bout with breast cancer, despite having undergone a tubal ligation in 1986. She asked her father [547]*547if she and her family could move into the house for the extra space, and he agreed.

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Bluebook (online)
47 Pa. D. & C.4th 540, 2000 Pa. Dist. & Cnty. Dec. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-angle-pactcomplfrankl-2000.