Thompson v. Curators of the University of Missouri

488 S.W.2d 617
CourtSupreme Court of Missouri
DecidedJanuary 8, 1973
DocketNo. 56220
StatusPublished
Cited by10 cases

This text of 488 S.W.2d 617 (Thompson v. Curators of the University of Missouri) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Curators of the University of Missouri, 488 S.W.2d 617 (Mo. 1973).

Opinion

MORGAN, Presiding Judge.

Joe H. Hume, a bachelor and resident of Saline County, Missouri, died on December 27, 1967. Thereafter, a document dated March 27, 1967, was admitted to probate as his last will and testament. His nearest relatives, three nephews, filed this will contest suit. The sole and only issue raised for trial was decedent’s testamentary capacity on the date the purported will was executed. The jury sustained contestant’s position and found that the questioned document was not the will of the decedent. Two residuary legatees, the University of Missouri and the Slater Methodist church, have appealed. We affirm.

The record reflects that the case does not involve an unusual set of facts nor any novel questions of law. On appeal, appellants submit that the judgment entered on the verdict returned should be reversed, because: (1) the contestants failed to make a submissible case, (2) lay witnesses were allowed to express opinions relative to the mental state of decedent absent a factual basis for such conclusions, and, (3) the trial court unduly restricted cross-examination by appellants-proponents of the witnesses for contestants.

The objective and extent of our review is well fixed. As said in Sturm v. Routh, Mo., 373 S.W.2d 922, 928[2]: “In our consideration of this appeal we must bear in mind that the question is not what conclusion this court would reach upon a review of the evidence in the transcript, nor the result we may think the jury should have reached, but only whether there is some substantial evidence in the record from which a jury could reasonably have found that testator did not have sufficient testamentary capacity at the time he purportedly executed . . . [the will on March 27, 1967.]” Also appropriate, and consistent therewith, is the observation made in Machens v. Machens, Mo., 263 S. W.2d 724, 734[16], that: “Nothing in our jurisprudence is more firmly established than the rule that a jury’s verdict is final (and not reviewable) on the fact issues, if its findings are supported by substantial evidence, and that our review of that question is limited to determining whether the evidence, considered most favorably to the result reached by the jury, is substantial evidence from which the jury could reasonably reach the result it did. See West’s Missouri Digest, Appeal and Error, 989, 999, 1001, 1002 and 1003. Of course, in this case, the jury could have taken a different view (and there was much evidence to support a different view) but, since there was substantial evidence to support the verdict, conflicting evidence is wholly immaterial on the issues (submis-sibility of mental incapacity . . .) presented for our decision on this appeal.” In this light, after noting that the proponents did present prima facie proof of testamentary capacity, we consider whether or not contestants produced substantial evidence that the decedent was incapable of making his will at the time he attempted to do so. In this case, such a task is not difficult.

Witnesses offered by contestants included three doctors and five lay persons. Each expressed the opinion that decedent was. mentally incompetent on the dates of interest. In answer to the hypothetical question posed, each doctor gave as his expert opinion the conclusion that decedent on March 27, 1967, lacked the required capacity to meet the standard of mental competency called for by the law of this state. Hall v. Mercantile Trust Co., 332 Mo. 802, 59 S.W.2d 664, 669 [2-4]; Rex v. Masonic Home of Missouri, 341 Mo. 589, [619]*619108 S.W.2d 72, 84[4] ; Callaway v. Blankenbaker, 346 Mo. 383, 141 S.W.2d 810, 814 [4], One indicated that decedent was “a portrait of insanity.” Such testimony was not premised solely on the facts outlined in the hypothetical question. Each doctor had either known decedent for years or had examined or observed him at times near the date of the execution of the document. One such date was as close as March 17, 1967.

As to the lay witnesses, “. the rule is that the opinion of a lay witness as to the soundness of mind of a person whose mental condition is under investigation has no weight or value unless such opinion is based upon a knowledge of facts inconsistent with sanity . . ..” Lewis v. McCullough, Mo., 413 S.W.2d 499, 504; Barnes v. Marshall, Mo., 467 S.W.2d 70, 77. In view of appellants’ argument that such a foundation was missing, we have considered the same, but to avoid repetition we summarize a part of such testimony as follows: decedent imagined that his chimney had fallen down and needed a bricklayer but could not recall making the statement; imagined that people were in his yard yelling at him and raking boards up and down the side of his house; was unable to discuss whether or not his bills had been paid; never washed his eating utensils; after decedent’s neighbor fed decedent’s stock decedent would refeed them two or three times a day; soiled himself, his bedding and his car with bowel movements and did not seem to object to it; would not sign checks to pay outstanding bills; would arise at 2:00 to 3:00 A.M., dress with one sock on and one shoe on the other foot; thought he was married and needed to go to St. Louis to get his wife; while at his nephew’s in Madison, Missouri, thought his own farm was just over the hill; was obsessed with counting his cattle and constantly wanted to recount them; would not know acquaintances in whose homes he had visited and had meals; on the evening of March 26, 1967, imagined someone was outside his nephew’s home flashing a light into the window at him; accused his friend Howard Page of stealing his log chain; was found under his kitchen table confused and mixed up; got lost in his own field and wandered around in circles and could not get his bearings and did not know where his house was; did not know relatives and friends at Fitzgibbon Hospital; would come to visit his neighbor but would talk and mumble to himself and was unable to answer questions; that he would attempt to go home but would go the wrong way and have to turn around; would sit and talk to himself but could not answer a question; did not always remember when his nephew Joe had been to see him; mistook his neighbor’s wife for either or both of his nephews’ wives and confused his neighbor with his nephew Jim; on March 29 did not know what he was signing at the Home in Con-cordia; early morning of March 31 was up, cursing attendants, unmanageable, threatened attendants when they tried to give him a hypo to calm him; tried to leave the rest home repeatedly and left one night in a pouring rain walking with the help of a walker, was attempting to find his cattle to feed them and was found two and one-half blocks away; made threats to the nurses that he’d hit them if neccesary; another early morning left the home going out to feed his cattle, fell outside, grabbed the nurse’s ankle and tore her uniform; had to be discharged because he was unmanageable and a danger to the personnel and residents; while at the rest home in Concordia thought the adjacent cornfield was his own and that Joe Thompson had let “them” tear down his home and remove his stove.

As said in Barnes v. Marshall, supra, 467 S.W.2d 1. c.

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Bluebook (online)
488 S.W.2d 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-curators-of-the-university-of-missouri-mo-1973.