Brackett's Estate, In re

• Decision Date: 09 January 1959
• Docket Number: No. 535,535
• Parties: In re ESTATE of Laura M. BRACKETT, deceased. A. G. WAKEFIELD, Appellant, v. Mary Lenora BRACKETT and Sarah A. Corneil, Appellees.
• Court: Florida District Court of Appeals

Page 375

109 So.2d 375

In re ESTATE of Laura M. BRACKETT, deceased.

A. G. WAKEFIELD, Appellant, v. Mary Lenora BRACKETT and Sarah A. Corneil, Appellees.

No. 535.

District Court of Appeal of Florida, Second District.

Jan. 9, 1959.

Rehearing Denied Feb. 9, 1959.

McMullen, Rives and Baskin, H. H. Baskin, Jr., Clearwater, Hayden C. Covington, Brooklyn, N. Y., for appellant.

William M. Goza, Jr., Clearwater, for appellees.

ALLEN, Acting Chief Judge.

This is an appeal from an order of the county judge holding the Last Will of Laura M. Brackett invalid for lack of testamentary capacity. The appeal is by A. G. Wakefield, named as Executor in said Will.

The beneficiaries under a prior will, Mary Lenora Brackett, the decedent's sister-in-law, and Sarah A. Corneil, the decedent's sister, contested decedent's Last Will on the grounds of incompetency and undue influence. After hearing extensive testimony, the county judge entered an order in which he held that the testatrix lacked testamentary capacity.

He attack on the decree of the lower court is primarily one questioning the sufficiency of the evidence and the court's application of the law to such evidence. The record on appeal contains over 435 pages of testimony and the evidence is sharply conflicting.

The testatrix, a childless widow, died December 29, 1956, at the age of eighty-one. Surviving her were a sister and a nephew; and also a sister-in-law. She had, prior to her death, lived in Clearwater, Florida, for about twenty years. Her husband had resided with her until his death in 1948. After her husband's death, she resided alone in her home.

On June 7, 1949, testatrix executed a Will in which she left her estate to her sister and her sister-in-law, share and share alike. Thereafter, the testatrix, in September, 1955, was baptized by the appellant, Wakefield, in the church generally known as Jehovah's Witnesses, the corporate name of which is the Watchtower Bible and Tract Society.

In February, 1956, the appellant contacted attorney Baskin for the purpose of having him draw a Will leaving all of the testatrix' property to the Watchtower Bible and Tract Society. Previously, all of testatrix' legal work and had been handled by attorney Goza. Attorney Baskin had the testatrix examined by two physicians, one of whom reported that she was incapable of making a Will and the other that she was capable. The Will in question was executed June 4, 1956.

In June, 1956, incompetency proceedings were instituted to determine the mental condition of testatrix. Thereafter, on a hearing conducted before the county judge, the testatrix was declared incompetent. Testatrix died on December 29, 1956, the cause of death being given on the death certificate as 'cerebral vascular accident due to arterioschrotic cardiovascular-renal cerebral disease (the underlying cause being) qualified arterioslerosis and senility.' Thereafter, on January 4, 1957, the appellant offered the Will for probate. The appellees contested on the grounds above mentioned, and the order appealed from resulted.

The very able county judge, now a circuit judge, in his order holding the Will ineffective for lack of testamentary capacity, said:

'Laura M. Brackett's husband died December 11th, 1948 and on June 7th, 1949 she executed a will leaving her estate to her sister, being her sole heir presumptive, and to her deceased husband's sister. Thereafter she gradually declined in health and became forgetful and erratic as a result of generalized arteriosclerosis, a progressive ailment commonly known as hardening of the arteries. On July 18th, 1956, pursuant to proceeding in this Court held July 3rd-7th, she was adjudged incompetent by reason of chronic senility. Her sister was appointed guardian of her person and The First National Bank of Clearwater was appointed guardian of her property. Following her death on December 29th, 1956 the same institution was appointed curator pending the conclusion of this contest litigation and the further order of the Court.

'The will here in issue, dated June 4th, 1956, was executed shortly before Laura M. Brackett was adjudged incompetent, and by its terms she completely departed from a long declared testamentary intent. Her acquaintance with the proponent A. G. Wakefield had been relatively brief and was related to their mutual affiliation with Jehovah's Witnesses. She had been baptized by A. G. Wakefield in September, 1955, previous to which time their association had been casual and confined mainly to an occasional meeting at religious services. At her home on or about February 9th, 1956 she indicated, according to A. G. Wakefield, a desire to will her estate to Jehovah's Witnesses. Thereafter, according to his own and other testimony, his visitations and attendance upon Laura M. Brackett became frequent and constant.

'It was A. G. Wakefield who directly supplied the data for the preparation of the will and it was prepared by an attorney who was unknown to Laura M. Brackett and who now represents A. G. Wakefield as the proponent in these proceedings. Laura M. Brackett previously had been represented regularly by the attorney who prepared her will of June 7th, 1949, but the attorney preparing the new will was not informed of that fact. It should be noted in connection with the new will that the attorney proceeded cautiously and ethically, insisting that Laura M. Brackett first undergo a doctor's examination. Attended once by the attorney's secretary and at another time by A. G. Wakefield, Laura M. Brackett was interviewed and observed separately by two doctors whose reports conflicted. The will thereupon was signed, following reference and assent to its contents, and was witnessed by the drafting attorney and two secretaries in his office.

'During the period prior to June 4th, 1956 Laura M. Brackett's sclerotic condition became more pronounced and marked changes in her appearance, speech and demeanor were observed by visiting friends and acquaintances who had known her for a considerable number of years. For example, she began to speak of her deceased husband as alive and physically present. She imagined that an airplane had dropped certain insects found around her home on Clearwater Beach. She would forget, remember and again forget the promised gift of a personal article to the son of one of her friends whom she greatly admired. On occasion she did not recognize the attorney who prepared her will of June 7th, 1949 and who had constantly represented...