Lenius v. Bradner

347 N.W.2d 347, 1984 S.D. LEXIS 293
CourtSouth Dakota Supreme Court
DecidedApril 18, 1984
DocketNo. 14105
StatusPublished
Cited by1 cases

This text of 347 N.W.2d 347 (Lenius v. Bradner) 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
Lenius v. Bradner, 347 N.W.2d 347, 1984 S.D. LEXIS 293 (S.D. 1984).

Opinion

WOLLMAN, Justice.

This is an appeal from a judgment denying probate to three wills of Jesse Hastings (Jesse). We affirm.

Jesse was eighty-five years of age when he died on May 29, 1982. He was survived by two sisters, Lillian Bradner and Lucille Lenius, and several nieces and nephews. Jesse had executed three wills dated March 25, 1963, January 19, 1976, and June 1, 1981. Lillian, proponent, was named the primary beneficiary in the three wills. She petitioned the circuit court to admit Jesse’s 1981 will to probate. Lucille and several nieces and nephews filed an objection on the ground that Jesse was of unsound mind and was under undue influence at the time he executed the will.

Jesse, who had a seventh grade education, had lived on a farm with two bachelor brothers. One of the brothers, Joe, had a mental problem that eventually required his being placed in an institution. Jesse cared for Joe in addition to helping, the other brother, Charley, with farm work. Charley was the only one who handled the business affairs.

Charley died on March 6, 1963. There then developed a family rift concerning who should care for Jesse, who moved in with Lillian. On March 30, 1963, Lucille executed a petition alleging that Jesse was incompetent to handle his financial affairs and praying for the appointment of a guardian over his estate. Letters of guardianship over Jesse’s estate were issued to the First National Bank of Aberdeen on April 13, 1963. On December 13, 1978, Jesse was admitted to a nursing home in Aberdeen, South Dakota, from which he was released on May 17, 1981. From that time until the time of his death he stayed with Lillian or one of her daughters.

On a Sunday morning in April of 1963, Jesse’s brother Sam called attorney L.R. Gustafson in Britton, South Dakota, about bringing Jesse to Mr. Gustafson’s office for the purpose of making a will. Mr. Gustafson acceded to this request and met in his office later that morning with Sam and Jesse (according to Mr. Gustafson’s recollection, Sam had picked Jesse up on the road inasmuch as he did not have direct access to him). Mr. Gustafson, who was aware of the guardianship of Jesse’s estate, made inquiries of Jesse concerning a guardianship over his person. Mr. Gustaf-son then asked Jesse some questions about his property for the purpose of preparing a will. In Mr. Gustafson’s words:

I then asked him how many sections of land he had, and I got no response. I then asked him how many acres he had. I got no response. I asked him how many quarters of land he had. I got no response. I asked him where his land was from his home buildings that he was living in. I got no response.

When Mr. Gustafson questioned Jesse regarding his relatives, “I again could not get direct responses from him, but he would smile and turn to Sam.” After attempting to converse with Jesse for approximately one-half hour regarding these and other matters, Mr. Gustafson concluded that he would not prepare a will for Jesse because the answers that Jesse had given him had not satisfied him that Jesse knew what property he had and what he wanted to do with it. In a word, Mr. Gustafson formed the opinion that Jesse was not of sound mind at that time.

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Related

Matter of Estate of Hastings
347 N.W.2d 347 (South Dakota Supreme Court, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
347 N.W.2d 347, 1984 S.D. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenius-v-bradner-sd-1984.