In re Schott Estate

58 Pa. D. & C.4th 533, 2001 Pa. Dist. & Cnty. Dec. LEXIS 340
CourtPennsylvania Court of Common Pleas, Alleghany County
DecidedJune 13, 2001
Docketno. 60 of 2001
StatusPublished

This text of 58 Pa. D. & C.4th 533 (In re Schott Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Alleghany County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Schott Estate, 58 Pa. D. & C.4th 533, 2001 Pa. Dist. & Cnty. Dec. LEXIS 340 (Pa. Super. Ct. 2001).

Opinion

WECHT, Register of Wills,

Harriet Schott, testatrix, a resident of Allegheny County, died on December 29, 2000, at the age of 92. Her death certificate lists “end stage dementia” as the cause of death. Testatrix left a 1993 will, and a 1997 will. This case involves a challenge to the validity of that second will, based upon asserted lack of testamentary capacity.

BACKGROUND

Testatrix was pre-deceased in or around 1979 by her husband, William Schott. No children were bom to that marriage.1 Testatrix’s only known surviving relatives are two children of her late sister. These nephews are Ronald M. Eisaman, a resident of Bethel Park, Allegheny County, Pennsylvania, and Jerry Eisaman, a resident of the St. Petersburg, Florida area.

On May 4, 1993, testatrix executed a will in which she named her nephew Ronald Eisaman as executor and sole heir. This case involves a challenge by Ronald Eisaman to the validity of a second will. That second will was executed by testatrix on June 3, 1997. In the second will, Ronald Eisaman’s beneficial share was reduced to 50 percent, with the remaining 50 percent of the estate passing to Woodcliffe Corporation, which owns Woodcliffe Manor Personal Care Residence. Jerry [535]*535Eisaman, who testified in this will contest, is neither a named beneficiary (in either will) nor a party litigant.

Woodcliffe is an assisted living facility in Bethel Park, Pennsylvania. Woodcliffe is wholly owned by Ronald and Judy Cook, a married couple. The 1997 will designates Robert N. Peirce Jr., Esquire, as executor, and provides that he shall serve without fee.2

After her husband died, testatrix continued to live on Graham Boulevard in Wilkinsburg for a number of years. As she aged, and as her neighborhood began to suffer from increased crime and blight, Ronald Eisaman urged testatrix to move in with him and his family. In 1992, testatrix did so. In 1993, as noted, testatrix made the will designating Ronald Eisaman as executor, and leaving her entire estate to him.3

In 1995, after having broken her hip in a fall, and after her eyesight deteriorated significantly due to a condition known as macular degeneration, testatrix moved into Woodcliffe. In 1997, testatrix advised Mr. and Mrs. Cook that she wished to speak with a lawyer concerning her finances and concerning a stated desire (according to the Cooks) to get more control of those finances. Witnesses testified that Harriet wished to reduce the control that she felt Ronald Eisaman had gained over her finances. When Harriet asked Mr. Cook to recommend a lawyer, [536]*536Mr. Cook recommended Mr. Peirce, a one-time neighbor of the Cooks who had handled a real property assessment appeal for them in the past, and who had also represented Mr. Cook in an automobile accident case. Mr. Peirce thereafter visited Woodcliffe and consulted with testatrix. Subsequently, he wrote the 1997 will that is contested in this litigation.

PROCEDURAL HISTORY

On January 3, 2001, Ronald Eisaman submitted the original of the 1993 will to this office, along with a petition for probate and grant of letters. Letters testamentary issued to Ronald Eisaman on that date. On January 19, 2001, Mr. Peirce submitted the original of the 1997 will to this office, along with a petition for probate and grant of letters, and a petition for citation to show cause why decedent’s later will should not be probated. The petition for citation requested revocation of the letters issued to Mr. Eisaman, probate of the 1997 will, and issuance of letters to Mr. Peirce.

A citation was issued to Mr. Eisaman, who responded by filing an answer and new matter. Mr. Peirce then filed a reply to new matter. The parties subsequently filed trial briefs.

The testimonial and documentary evidence, as well as legal argument, were presented in a two-day will contest trial before me as register on April 20 and June 1, 2001, in accordance with 20 Pa.C.S. §3138.4

[537]*537DISCUSSION

Two issues are presented to me for decision:

“(1) Is the June 3, 1997 will facially valid?
“(2) If the June 3, 1997 will is valid on its face, did Harriet nonetheless lack testamentary capacity to execute that will?”

(A) Facial Validity of the June 3, 1997 Will

As an initial matter, a will proponent bears the burden of proving execution of the proffered instrument by producing witnesses to its execution. See J. Brooke Aker, Law of Wills in Pennsylvania, §9.2C. (Bisel 1983 & Supp. 1999). Once this initial burden is met, and the prima facie validity of the will is established, the burden shifts to the party contesting the will. Id.

At trial, Mr. Peirce sought to meet this initial burden by introducing testimony of three witnesses: Mr. Peirce himself, Anna Marie Cubbage, and Joan Smith. Mr. Peirce, who was the will scrivener, brought Ms. Cubbage with him to the will execution. Ms. Cubbage was a legal secretary in Mr. Peirce’s firm, and was also a licensed notary public. Her notarial seal appears on the 1997 instrument. Ms. Smith is a registered nurse employed by Woodcliffe. Mr. Peirce, Ms. Cubbage and Ms. Smith all testified that they were in Harriet’s presence on June 3, 1997, at Woodcliffe for the execution of Harriet’s will. Each witness testified that Harriet was alert and aware, [538]*538and each witness authenticated his/her subscribing signature on the instrument. Mr. Eisaman neither elicited nor adduced any evidence tending to disprove the facial validity of the 1997 instrument.

Accordingly, Mr. Peirce succeeded in shifting the burden to Mr. Eisaman. It then became Mr. Eisaman’s burden to show that, notwithstanding its facial validity, the 1997 will was otherwise invalid.

(B) Testamentary Capacity

The sole ground upon which Mr. Eisaman challenged the 1997 will was the claim that testatrix lacked testamentary capacity to execute that instrument. Mr. Eisaman made no allegation of undue influence, duress, fraud, or other grounds for legal challenge to a will. Accordingly, I address only testamentary capacity herein.

THE LEGAL STANDARD

In Estate of Reichel, 484 Pa. 610, 400 A.2d 1268 (1979), our Supreme Court articulated the standard for testamentary capacity as follows:

“Testamentary capacity exists when the testator has intelligent knowledge of the natural objects of his or her bounty, the general composition of the estate, and what he or she wants done with it, even if memory is impaired by age or disease, and the testator need not have the ability to conduct business affairs [sic].” 484 Pa. at 614, 400 A.2d at 1270 (citing Brantlinger Will, 418 Pa. 236, 210 A.2d 246 (1965)).

Because a sound mind is the normal condition, capacity is presumed. Allison’s Estate, 210 Pa. 22, 28, 59 A. 318, 321 (1904).

[539]*539Accordingly, once proof of execution by two subscribing witnesses has been offered, the burden of proof shifts to the party contesting the instrument.

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Bluebook (online)
58 Pa. D. & C.4th 533, 2001 Pa. Dist. & Cnty. Dec. LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schott-estate-pactcomplallegh-2001.