In Re the Estate of Anderson

384 N.W.2d 518, 1986 Minn. App. LEXIS 4170
CourtCourt of Appeals of Minnesota
DecidedApril 1, 1986
DocketC9-85-1859
StatusPublished
Cited by4 cases

This text of 384 N.W.2d 518 (In Re the Estate of Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Estate of Anderson, 384 N.W.2d 518, 1986 Minn. App. LEXIS 4170 (Mich. Ct. App. 1986).

Opinion

OPINION

SEDGWICK, Judge.

Gerda Rose McGillivary, niece of decedent Gerda Anderson, appeals from an order denying admission of Anderson’s will to probate. She claims the probate court erred in finding lack of testamentary capacity at the time Anderson executed her last will. We affirm.

FACTS

Gerda Anderson, 90, died December 23, 1984. She was survived by 10 nieces and nephews.

Anderson lived alone in California from 1975, when her husband died, until February 1984 when she returned to Minnesota with her niece, Gerda Rose McGillivary.

McGillivary, proponent of the will, testified that as she and her husband were preparing to return to Minnesota from a California visit, Anderson suddenly decided to return with them. Appellant testified that she and Anderson both tried unsuccessfully to reach Carolyn Devine, another niece, who also lived in California.

McGillivary learned that Devine recently commenced conservatorship proceedings in California. Devine and Anderson had a close relationship and visited regularly. Anderson recovered from a serious illness at Devine’s home. Anderson gave Devine power of attorney over various bank accounts.

In December 1976, a California attorney prepared Anderson’s will, which specifically bequeathed jewelry and clothing to De-vine and McGillivary and $1,000 to nephew Harold Anderson. The residue was to be distributed in equal shares to nine of her nieces and nephews. The same day Anderson signed her 1976 will she nominated Devine to be her conservator. Devine testified that after making the will Anderson often discussed her intention to leave her estate to her nieces and nephews and did not indicate any intent to change the provisions of the 1976 will. She said these discussions took place several times between 1976 and the time Anderson moved to Minnesota.

Devine testified that Anderson managed her own financial affairs, consisting of various bank accounts and stocks, until late 1983 when she began having problems managing her affairs and showed signs of confusion. She mistook advertisements for bills and then paid these “bills” with a check. She also forgot the location of her bank accounts. As a result of these problems, Devine petitioned for conservatorship in January 1984. This conservatorship was never established in California because of the sudden move to Minnesota.

Anderson developed health problems shortly after her arrival in Minnesota. In February 1984 she saw Dr. Robert Bosl, a family practitioner in Starbuck, Minnesota for pneumonia. In May 1984 Bosl prescribed anti-psychotic medication for her. Shortly after this Anderson was diagnosed as having chronic senile dementia. She was placed in Minnewaska Lutheran Home in Starbuck. At the nursing home she exhibited signs of confusion, disorientation, and declining mental functions.

During Anderson’s stay at the nursing home, McGillivary took her to an attorney who prepared the will at issue here. It was signed by decedent on August 30,1984 at the nursing home in Starbuck and witnessed by two nursing home personnel. The only heir of decedent present was McGillivary. This will bequeaths Anderson’s entire estate to McGillivary and neph *520 ew Lowell Hanson in equal shares. No mention was made of other nieces and nephews.

Dr. Bosl saw decedent on September 5, 1984 and determined that she still suffered from senile dementia, an altered thought process. Devine testified that she called Anderson on her birthday on September 8th and Anderson didn’t remember her. She also said that decedent thought she was in a shrine temple at a birthday party. Decedent was discharged from the nursing home to McGillivary’s care on November 30, 1984. She was hospitalized from December 17th until her death on December 23rd.

Appellant petitioned for formal probate of the August 30, 1984 will. Respondent objected to probate of the will on grounds of lack of testamentary capacity and a claim of undue influence and duress. Following trial, the court held that decedent Gerda Anderson lacked testamentary capacity on August 30, 1984.

ISSUE

Is the trial court’s finding that decedent lacked testamentary capacity when she executed a will on August 30, 1984, clearly erroneous?

ANALYSIS

The court’s findings of fact will be set aside only if they are clearly erroneous, Minn.R.Civ.P. 52.01; In re Estate of Olsen, 357 N.W.2d 407, 411 (Minn.Ct.App.1984) (citations omitted). Findings are “clearly erroneous” only if

“the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.”

In re Estate of Congdon, 309 N.W.2d 261, 266 n. 7 (Minn.1981) (quoting In re Estate of Balafas, 293 Minn. 94, 96, 198 N.W.2d 260, 261 (1972).

Execution of a valid will requires that the testator have testamentary capacity at the time of execution.

A testator will be found to have testamentary capacity if, when making the will, he understands “the nature, situation, and extent of his property and the claims of others on his bounty or his remembrance, and he [is] able to hold these things in his mind long enough to form a rational judgment concerning them.”

In re Estate of Prigge, 352 N.W.2d 443, 444 (Minn.Ct.App.1984) (citations omitted).

Minn.Stat. § 524.3-407 (1984) provides: Proponents of a will have the burden of establishing prima facie proof of due execution in all cases, and, if they are also petitioners, prima facie proof of death and venue. Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake or revocation. Parties have the ultimate burden of persuasion as to matters with respect to which they have the initial burden of proof.

Factors to be considered by the trial court in determining whether a testator possesses the requisite testamentary capacity include:

1. Reasonableness or naturalness of the property disposition. In re Estate of Jensen, 185 Minn. 284, 240 N.W. 656 (1932).

2. Testators conduct within a reasonable time before and after execution of the disputed will. McAllister v. Rowland, 125 Minn. 27, 144 N.W. 412 (1914).

3. Prior adjudication involving testator’s mental capacity. In re Estate of Congdon, 309 N.W.2d at 267.

4. Expert testimony pertaining to the mental and physical condition of the testator. Id.

It is well-settled that the evidence and the inferences must be viewed in the light most favorable to the trial court’s decision. In re Estate of Healy, 243 Minn. 383, 386, 68 N.W.2d 401, 403 (1955).

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Bluebook (online)
384 N.W.2d 518, 1986 Minn. App. LEXIS 4170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-anderson-minnctapp-1986.