MacPhee's Estate, In re, 6284
| Decision Date | 08 June 1966 |
| Docket Number | No. 6284,6284 |
| Citation | 187 So.2d 679 |
| Parties | In re ESTATE of Catherine Minnie MacPHEE, Deceased. |
| Court | Florida District Court of Appeals |
H. L. Pringle and Davis & McLin, Leesburg, for appellant.
Huebsch & Aulls, Eustis, for appellee.
Appellant, Claude MacPhee, brings this appeal from an order denying revocation of the will of C. Minnie MacPhee, deceased.
On February 28, 1961, C. Minnie MacPhee executed a will in which she designated William O. Rast, appellee herein, as executor and beneficiary of one-half of her estate. On March 5, 1961, at the age of 88 years, and five days after executing the will, C. Minnie MacPhee died leaving as a survivor Claude MacPhee. The deceased and Claude MacPhee's father, J. D. MacPhee, had married when Claude MacPhee was a child of tender age, and for all intents and purposes the deceased was the only mother he ever knew.
Prior to her death, Mrs. MacPhee had been residing in a nursing home, and she had given William O. Rast power of attorney and relied upon him for advice and business needs. The day she executed the will she also executed a deed to William O. Rast and his wife conveying real estate which constituted the deceased's 'homeplace.' She received in return therefor an $8,000.00 purchase money mortgage and a personal note in the amount of $2,000.00. There has been various and sundry other business transactions between Mrs. MacPhee and Mr. Rast, most of which were to the personal benefit of Mr. Rast.
Appellant Claude MacPhee brought proceedings to revoke the will on the ground of undue influence. The cause went to trial before the county judge of Lake County, and several volumes of testimony were adduced. This court has studied all the testimony in great detail, realizing that the charge of undue influence is most illusive and difficult to ascertain.
It is well settled that if a beneficiary occupies a confidential relationship with the testator and is active in procuring the will and is made a substantial beneficiary therein, a presumption of undue influence arises. Zinnser v. Gregory, 77 So.2d 611 (Fla.1955); In re Reid's Estate, 138 So.2d 342 (D.C.A.Fla.1962). Mr. Rast was made a substantial beneficiary under the will. He occupied a confidential relationship with the deceased as he had her power of attorney and carried on considerable business transactions with and for her. As for the procurement of the will, the evidence revealed that Mr. Rast carried the information as to what the will was to provide to the drafter of the will. Mr. Rast then brought the will to Mrs. MacPhee for her execution and secured the necessary witnesses. There can be little doubt that Mr. Rast was active in the procurement of the will. The presumption of undue influence arose, and the burden of overcoming this presumption shifted to Mr. Rast.
To overcome this presumption is again made more difficult by the fact that Mrs. MacPhee was an elderly lady and had recently lost her husband. The evidence also indicates that she was not endowed with any particular business acumen and that she showed no great amount of...
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Costello v. Hall, 56571
...that it is only one factor, although a strong one, in determining whether a confidential relationship exists. In re Estate of MacPhee, 187 So.2d 679 (Fla.Dist.Ct.App.1966); Matter of Estate of Herm, 284 N.W.2d 191 (Iowa 1979); Peninsula Methodist Homes and Hospitals v. Cropper, 256 Md. 728,......
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Carpenter's Estate, In re
...was procured by under influence and was therefore void and not entitled to probate. Conflict is asserted with In Re Estate of MacPhee, 187 So.2d 679 (Fla.App.2d, 1966), and In Re Estate of Reid, 138 So.2d 342 (Fla.App.3rd, 1962), pursuant to Fla.Const. Art. V, Sec. 4(2), F.S.A., and F.A.R. ......
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MacPhee's Estate, In re
...was abused in denying such allowances. The legality of decedent's will was here in this Court once before. In re: Estate of MacPhee, Fla.App.1966, 187 So.2d 679. The antecedent history of the estate case is set forth in our former opinion and need not be repeated here. Suffice to say that M......
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Gay's Estate, In re, 1105
...with the testator, Is active in procuring the execution of a will, a presumption of undue influence arises. In re MacPhee's Estate, Fla.App.1966, 187 So.2d 679. But, cf. In re Peters' Estate, 155 Fla. 453, 20 So.2d 487, and In re Joiner's Estate, Fla.1963, 156 So.2d A confidential relation ......