In Re the Estate of Dokken

2000 SD 9, 604 N.W.2d 487, 2000 S.D. LEXIS 8
CourtSouth Dakota Supreme Court
DecidedJanuary 19, 2000
DocketNone
StatusPublished
Cited by62 cases

This text of 2000 SD 9 (In Re the Estate of Dokken) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court 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 Dokken, 2000 SD 9, 604 N.W.2d 487, 2000 S.D. LEXIS 8 (S.D. 2000).

Opinions

GILBERTSON, Justice.

[¶ 1.] Lee Thomas (Thomas), contestant, appeals the trial court’s order admitting his great-uncle’s last will and testament to probate and denying his objections. We affirm.

PACTS

[¶ 2.] Gilbert Dokken (Dokken) died August 23, 1997 at the age of 82. He was survived by his sister, Myrtle Cross (Myrtle) and his grandnephew, Thomas.

[¶ 3.] Dokken was born on October 17, 1915 in North Dakota. He worked on his father’s farm near Towner, North Dakota until he entered the army, where he was educated as an aircraft armorer. Dokken was honorably discharged as a corporal from the Army in 1945 at which time he returned to the Towner area. In 1948, Dokken was diagnosed with dementia praecox paranoid type, and was placed under the care of the Veterans Administration at its Fort Meade Hospital. In addition to the dementia praecox, in 1956 Dokken was diagnosed with schizophrenia. At this time, the Department of Veterans Affairs (VA) determined Dokken to be incompetent for VA purposes.

[¶ 4.] From 1948 until his death, Dokken spent many years both in institutional and residential supervised care. In 1967 Dokken’s brother, Melvin Dokken, was appointed his VA guardian in North Dakota. In 1972 Dokken was placed in foster home care near Spearfísh, South Dakota under the Community Home Care Program of Fort Meade. He remained at the foster home until his death. From 1978 through November of 1985, the foster home was owned and operated by Douglas and Mic-kaela Hyde.

[¶ 5.] From the late 1970s until Dokken’s death, VA social workers visited with him and other VA officials made yearly field examinations of his mental and financial status. Dokken suffered primarily the negative symptoms of schizophrenia evidenced by social isolation, limited interpersonal relationships, and withdrawal. He often refused to converse with or answer questions from people he did not know and trust. Although quiet by nature and because of his mental status, he would readily converse in a responsive manner with those he knew well and trusted, such as the Hydes and the other veterans who resided at the Hyde home. He readily kept up on the events of the outside world by frequent watching of television and regularly reading newspapers and magazines.

(¶ 6.] Dokken’s brother Melvin passed away in 1981. On December 2, 1982, Dokken’s brother-in-law, Kenneth Cross (Kenneth), was appointed VA guardian in South Dakota. Kenneth remained Dokken’s guardian until 1988 when First Bank of South Dakota was appointed as successor guardian.

[¶ 7.] In late 1984 or early 1985, Dokken told the Hydes he wished to go to his hometown of Towner, North Dakota, to view the family farm and to have the Dokken family attorney, Joseph Mclntee (Mclntee), make his will. The Hydes [490]*490promptly relayed this request to the Grosses. There was a substantial delay in complying with Dokken’s wishes until July 1985 when the Crosses arrived at Spearfish from their home in Washington for their annual visit with Dokken. The Crosses drove Dokken to Towner and on July 12, 1985, Mclntee drafted and Dokken executed, Dokken’s last will and testament.

[¶ 8.] Dokken’s will left his entire estate of over $400,000 to Myrtle.1 If Dokken’s will had not been executed, contestant Thomas would have inherited one-half of Dokken’s estate by intestate succession. Thomas objected to the will claiming Dokken lacked the testamentary capacity to execute it. Thomas also claimed undue influence was exerted upon Dokken by the Crosses. The trial court found insufficient evidence to establish lack of testamentary capacity or undue influence. Finally, Thomas objected to the testimony of the Crosses’ expert, Dr. Stephen Manlove, which was allowed by the trial court. Dr. Manlove relied upon the principles of forensic psychiatry to determine Dokken was mentally competent to execute a will. On January 5, 1998, the Eighth Judicial Circuit, Lawrence County, ordered admission of Dokken’s will to formal probate.

[¶ 9.] Thomas appeals the trial court’s decision, raising the following issues for our consideration:

1.Was the trial court clearly erroneous in finding Thomas failed in his burden of proof to establish Dokken lacked testamentary capacity to execute a will on July 12,1985.
2. Was the trial court clearly erroneous in finding Thomas failed in his burden of proof to establish Dokken was unduly influenced in executing his will dated July 12,1985.
3. Did the trial court abuse its discretion in admitting the expert testimony of Dr. Stephen Manlove.

STANDARD OF REVIEW2

[¶ 10.] We review a trial court’s findings as to testamentary capacity under the clearly erroneous standard. Matter of Estate of Long, 1998 SD 15, ¶ 9, 575 N.W.2d 254, 255 (citing In re Guardianship and Conservatorship of Lanning, 1997 SD 81, ¶ 9, 565 N.W.2d 794, 795). Likewise, the issue of whether undue influence exists is a question of fact for the trial court to determine. Matter of Estate of Unke, 1998 SD 94, ¶ 11, 583 N.W.2d 145, 147-48 (citing In re Estate of Madsen, 535 N.W.2d 888, 891 (S.D.1995)). In Unke, we stated:

We will not set aside a trial court’s findings of faet unless they are clearly erroneous. In re Estate of Elliott, 537 N.W.2d 660, 662 (S.D.1995) (citing SDCL 15-6-52(a); In re Estate of Till, 458 N.W.2d 521, 523 (S.D.1990); In re Estate of Weickum, 317 N.W.2d 142, 145 (S.D.1982); In re Estate of Hobelsberger, 85 S.D. 282, 289, 181 N.W.2d 455, 458 (1970)). A trial court’s finding is clearly erroneous if, “after reviewing the entire evidence, we are left with the [491]*491definite and firm conviction that a mistake has been made[.]” Id. (citations omitted). All conflicts in the evidence must be resolved in favor of the trial court’s determinations. Till, 458 N.W.2d at 523. “The credibility of the witnesses, the weight to be accorded their testimony, and the weight of the evidence must be determined by the trial court and we give due regard to the trial court’s opportunity to observe the witnesses and the evidence.” Elliott, 537 N.W.2d at 662. We review any documentary or deposition evidence under a de novo standard of review. Id.

Id. “That this Court may have found the facts differently had we heard the testimony is no warrant for us to substitute our judgment for the trial court’s carefully considered findings.” Long, 1998 SD 15, ¶ 9, 575 N.W.2d at 256 (quoting Lanning, 1997 SD 81, ¶ 9, 565 N.W.2d at 796).

[¶ 11.] In State v. Edelman, 1999 SD 52, ¶ 4, 593 N.W.2d 419, 421, we stated:

Expert testimony admissibility is governed by SDCL 19-15-2 (Rule 702). It is well settled that the trial court has broad discretion in regard to the admission of expert testimony. State v. Bachman, 446 N.W.2d 271 (S.D.1989); United States v. Purham, 725 F.2d 450 (8thCir1984).

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Bluebook (online)
2000 SD 9, 604 N.W.2d 487, 2000 S.D. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-dokken-sd-2000.