Sumpter v. Kosinski

419 N.W.2d 463, 165 Mich. App. 784
CourtMichigan Court of Appeals
DecidedFebruary 1, 1988
DocketDocket 89376
StatusPublished
Cited by19 cases

This text of 419 N.W.2d 463 (Sumpter v. Kosinski) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sumpter v. Kosinski, 419 N.W.2d 463, 165 Mich. App. 784 (Mich. Ct. App. 1988).

Opinions

Cynar, J.

Plaintiff, Alana C. Sumpter, filed this action in circuit court to have an antenuptial agreement declared void. Following a six-day bench trial, the antenuptial agreement was declared void and defendants appeal as of right. Richard John Sumpter, Charles Lynn Sumpter and Kipling Thomas Sumpter filed a motion to intervene, which was granted by this Court.

Plaintiff was thirty years old at the time of trial. She was a 1975 university graduate with a b.a. degree in communications.

In November, 1981, plaintiff was employed by Manufacturer’s Bank as a trust officer. She met Charles L. Sumpter at a business meeting in connection with the nursing home association of which Sumpter was executive director. By December, 1982, the relationship between plaintiff and Charles Sumpter had become more than a business relationship and they were discussing marriage.

Sometime prior to December, 1982, plaintiff was married to a Mr. MacDonald. However, she wanted a divorce and Charles Sumpter referred her to his own attorney, Raymond Kosinski. Kosinski represented plaintiff in her divorce from Mr. MacDonald. She received her personal property, household furniture and furnishings, china and silver, a 1983 Chrysler automobile and cash in bank accounts of approximately $45,000 as a property settlement.

When plaintiff and Charles Sumpter first discussed marriage, they chose a date in May over a [790]*790September wedding. However, in late May, 1983, the wedding date was changed to June 9, 1983.

On about June 1, 1983, plaintiff became ill. On Monday, June 6, 1983, her illness was diagnosed as strep throat and she was given medication. Later that evening, plaintiff was in bed when Charles Sumpter discussed wedding plans with her. He said that his accountant had called and suggested that an antenuptial agreement be signed so that Sumpter’s assets would not be exposed again as they had in his prior divorces. Charles Sumpter informed plaintiff that the agreement would provide that in the event of divorce plaintiff would receive $15,000 per year for every year less than six that the parties were married and plaintiff was not employed. The $15,000 figure was arrived at because it was approximately one-half of plaintiff’s salary. Six years was chosen because that was the longest that either plaintiff or Charles Sumpter had ever been married. This entire conversation lasted ten or fifteen minutes. Plaintiff testified that Charles Sumpter led her to believe that the agreement that was to be prepared would provide for division of property in the event of divorce.

On the following day, Tuesday, June 7, plaintiff stayed home from work again because of her illness. Charles Sumpter had gone to work during the day. He returned home in the evening but left again around 6:00 p.m. to attend a bachelor party. Before he left, he told plaintiff that she should call Kosinski the next day to set up a time for signing the antenuptial agreement. Charles returned home from the bachelor party at about 1:00 a.m. on the morning of Wednesday, June 8. He and plaintiff stayed up until 2:00 or 3:00 a.m. because plaintiff wanted to discuss some intimate matters revealed to her by Charles Sumpter’s mother in a conversa[791]*791tion that evening. The antenuptial agreement was not discussed.

Plaintiff went to work on the morning of Wednesday, June 8, even though she was still quite ill. She felt she had to go into the office because she had been on vacation the prior week, was out because of illness on Monday and Tuesday, and would be gone again on Thursday and Friday for her wedding and honeymoon. Plaintiff arrived at her office at 8:00 a.m. At about 9:00 a.m., she called Kosinski. Plaintiff spoke to Kosinski directly and they agreed that plaintiff would stop at his office on her way home from work at 3:30 or 4:00 p.m.

After having a late lunch with a friend, plaintiff arrived at Kosinski’s office at about 3:00 p.m. Kosinski was at a picnic and had not returned yet, so plaintiff waited for him. She knew she had arrived early but was hoping Kosinski would be ready to see her because she was still ill and wanted to go home. When Kosinski did arrive, he spoke to plaintiff for several minutes about Charles Sumpter’s prior marriages. He had the antenuptial agreement in front of him but did not give plaintiff a copy. Kosinski reviewed the agreement with plaintiff by reading certain portions verbatim and paraphrasing other portions. The portions that were read verbatim were the sections listing assets of both Charles Sumpter and plaintiff. Plaintiff told Kosinski that she no longer had $45,000 in bank accounts. Kosinski had gotten the $45,000 figure from plaintiff’s prior divorce settlement and had not verified it with plaintiff prior to preparing the antenuptial agreement.

When Kosinski mentioned estate planning provisions, plaintiff expressed surprise because Charles Sumpter had not previously mentioned estate planning to her. Kosinski said that he had told [792]*792Charles Sumpter that estate planning provisions had to be in the document because an agreement that only contemplated divorce was not valid in Michigan. Further, Kosinski said that Charles Sumpter had instructed him to prepare a new will. Kosinski then showed plaintiff the will that Charles Sumpter executed in 1980, which left his former wife, Rhonda, an equal share with his three children. Plaintiff was told that Rhonda’s name would be taken out and her name would be inserted.

After Kosinski reviewed the agreement with plaintiff, he asked her if she was planning on having her own attorney. Plaintiff said she did not have time because she had many things to take care of prior to her wedding the next day. Kosinski said that he could represent both plaintiff and Charles Sumpter. He never told plaintiff that she should get her own attorney or that there could be any conflict because of his dual representation. Rather, he led plaintiff to believe that it was in her best interest to sign the agreement. The meeting lasted thirty-five to forty minutes. Plaintiff signed the antenuptial agreement, but Kosinski did not give her a copy to take with her. She received a copy in the mail about one month later.

Plaintiff returned home around 6:00 that evening. Some of Charles Sumpter’s family had already arrived for the wedding the next day. Plaintiff talked to Charles Sumpter privately and asked him about the estate provision in the antenuptial agreement. Charles Sumpter corroborated Kosinski’s statement about redrafting the will to provide for plaintiff.

Approximately two months after the wedding, Charles Sumpter had a heart attack. After an eight- or nine-day hospital stay, he died on August [793]*79317, 1983. His previous (1980) will was never changed.

On cross-examination, plaintiffs testimony was not consistent with her prior answers to interrogatories and the allegations in the complaint. Although asked in the interrogatories to describe every alleged fraudulent act of Kosinski, plaintiff never mentioned that he actually showed her Charles Sumpter’s 1980 will and said she would get one-quarter of the estate in place of Rhonda Sumpter. Furthermore, plaintiff said during her deposition that she understood that the antenuptial agreement allowed her and Charles Sumpter to dispose of their assets by will in any manner they wished. Plaintiff explained that she meant Charles Sumpter had discretion as to the remaining seventy-five percent of his assets.

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Sumpter v. Kosinski
419 N.W.2d 463 (Michigan Court of Appeals, 1988)

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Bluebook (online)
419 N.W.2d 463, 165 Mich. App. 784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sumpter-v-kosinski-michctapp-1988.