Cameron v. Cameron

• Decision Date: 27 November 1978
• Docket Number: No. 14046,14046
• Citation: 179 Mont. 219,35 St.Rep. 1723,587 P.2d 939
• Parties: Ruth CAMERON, Personal Representative of the Estate of Harry Cameron, Deceased, and Lois E. Jenkins, Plaintiffs and Respondents, v. Dale A. CAMERON and Janet M. Cameron, Defendants and Appellants.
• Court: Montana Supreme Court

Page 939

587 P.2d 939

179 Mont. 219

Ruth CAMERON, Personal Representative of the Estate of Harry Cameron, Deceased, and Lois E. Jenkins, Plaintiffs and Respondents, v. Dale A. CAMERON and Janet M. Cameron, Defendants and Appellants.

No. 14046.

Supreme Court of Montana.

Submitted Aug. 24, 1978.

Decided Nov. 27, 1978.

Harris, Jackson & Murdo, Helena, Moses, Tolliver & Wright, Billings, for defendants and appellants.

Hooks & Budewitz, Townsend, for plaintiffs and respondents.

SHEEHY, Justice.

This is an appeal by Dale A. Cameron and Janet M. Cameron, appellants, from a judgment in favor of Ruth Cameron and Lois E. Jenkins, respondents, made and entered by the District Court of the Fourteenth Judicial District, Meagher County, sitting without a jury.

In that action respondents sought to invalidate on the ground of undue influence, certain deeds, bills of sale and transfers of motor vehicle titles executed and delivered by Lewis Cameron to Dale Cameron, Janet Cameron and Donald Cameron (Dale and Janet's son) on March 15, 1968. The judgment made by the District Court set aside all instruments of conveyance executed on that date by Lewis Cameron and transferred real and personal property in those conveyances to the personal representative of the estate of Lewis Cameron. Appellants' post-trial motions were denied, except for their motion to stay the execution of the judgment pending the outcome of this appeal.

Lewis Cameron was born in Scotland in 1882 and came to the United States as a small child. He spent most of his life ranching near Martinsdale, Montana. Lewis married Mollie McCrea in 1911 and three children were born to this marriage: Harry M. Cameron in 1912 ("Harry"), Dale A. Cameron in 1915 ("Dale"), and Lois E. Jenkins in 1917 ("Lois"). Harry, the oldest of the Cameron children, lived at the ranch near Martinsdale and worked for the U.S. Forest Service until 1941 when he returned to ranching fulltime with his father and brother, Dale, in the family ranching operation.

In 1945 or 1946, Harry purchased what is known as the "River Ranch", consisting of 480 acres located some 12 miles south of the Lewis Cameron ranch and moved his family there. Harry then began ranching operations on his own, although Lewis, Dale and himself apparently continued occasionally to trade work on their respective ranches.

Dale lived at the ranch near Martinsdale and worked with his father and brother in the ranching operation. Since 1941, Lewis and Dale operated the home ranch together on the Lewis Cameron land and on about 1,800 acres of land which Dale had purchased. Dale's land is located adjacent to and integrates with Lewis' land so that the two ranches were operated basically as a single unit. However, the operation was not a formal partnership and each paid his own debts, each bought machinery individually though they did not duplicate equipment, and each ran his own cattle with his separate brand. They divided the proceeds from the sale of cattle, which was their only cash crop. Dale and his wife, Janet, resided upon the Lewis Cameron property in the family ranch house and later in a mobile or trailer home.

Mollie preceded Lewis in death in 1961. Lewis died intestate on April 16, 1968. Harry Cameron died on March 1, 1976, but Dale and Lois are still living. Harry's wife, Ruth, as personal representative of his estate, was substituted as a plaintiff in this action.

During the years they ranched, Lewis and his wife acquired real property consisting of 2,053 deeded acres, a Forest Service grazing permit, a residence and other buildings, vehicles and equipment customarily found in a ranching operation in Montana.

Lois has not lived on the ranch since 1935 when she left to attend business college. She returned for brief periods during World War II and then married and moved to Helena. She and her husband visited the ranch continually since that time and Lois was well liked by Lewis.

Lewis' deceased wife had by her Will and an accompanying letter, passed her estate to Lewis and she had directed he divide their property upon his death between the children. Lewis did not make or execute a Will with such provisions prior to his death in 1968. He had often expressed a desire for the children to get together to decide how the property was to be distributed.

Approximately 11/2 to 2 years before his death, Lewis was brought by his son, Harry, to the office of John Potter, an attorney of White Sulphur Springs, Montana, to discuss making a Will. Lewis indicated he wanted to treat all the children fairly and that as a possibility, Dale could keep the ranch, with a "fair share" for Harry and Lois. However, no Will was drafted at that time because Lewis was uncertain about what to give Lois without breaking up the ranch operation.

In February 1968, Harry requested the same attorney draft a proposed Will for purposes of discussion with Lewis. Harry also requested the attorney draft a deed conveying to Harry a parcel of land owned by Lewis giving access to the Forest Service grazing permit. Neither of these documents, though drafted, were ever executed.

Lewis was hospitalized for a two-week period beginning approximately February 10, 1968, for jaundice, constipation, senile arteriosclerosis, bilateral inguinal hernias and pulmonary asthma emphysema. Lewis was 85 years old at this time. While in the hospital, Lewis had difficulty remembering the location of his room and appeared generally confused, according to witness' testimony. However, Lewis' doctor in his deposition indicated he observed no mental condition that would have impaired Lewis' ability to know what property he owned and who were the members of his family.

After his discharge from the hospital, Lewis was taken to his home by Harry and his wife, Ruth. Following an accident involving a propane gas appliance at his house in early March, Lewis went to live with Dale and Janet. He stayed there until after the events of March 15, 1968, when he returned to his own house. Shortly thereafter he was hospitalized in Helena and remained there until his death on April 16, 1968.

The state of Lewis' health for the period from the first of February until his death was debated at trial. Testimony was given at trial that Lewis' eyesight and hearing were failing badly, that he was at times disoriented, not recognizing where he was or who family members were. It was also testified that he had on occasion hallucinated. However, other evidence was presented that on March 18, 1968, on a visit to his doctor in Harlowton, Lewis was able to purchase a pair of slippers on his own and converse cogently with the proprietor, a long-time friend.

As previously mentioned, for a number of years prior to March 15, 1968, Lewis had expressed a desire that the members of his family get together to divide up the property. Pursuant to this wish, a meeting was arranged on or about March 2, 1968, between Harry, Dale and Lois. However, Harry did not come and therefore nothing was resolved at that time.

Harry and Dale had often discussed the division of the property but they could not come to terms as to who would get land and who would get money.

On March 14, 1968, while returning together from a lodge meeting in Harlowton, Harry indicated to Dale that the ranch was Lewis' and that Lewis could do whatever he wished with it. Harry had apparently expressed this thought to others prior to this time. On March 15, 1968, Ralph LaRue, an officer of the First National Bank and Trust Company of Helena, arrived at Dale's residence along with one E. P. Fogland. Dale had written to the bank requesting to change signature cards in Lewis' checking account so that Dale could sign checks for Lewis to pay his bills. LaRue had brought those cards with him while he was in the area on bank business. Lewis had become unable to write because of a mild stroke suffered previously and he wished Dale and Harry to be able to sign his checks. Harold Haugan was at the ranch at Dale's request to notarize the transfer of vehicle titles from Lewis to Dale. Lewis had a conversation with Haugan concerning the disposition of the family property. Haugan suggested a sale but Lewis indicated he did not want Dale to have to pay money for the ranch. Haugan testified that prior to the arrival of LaRue and Fogland, no vehicle titles were transferred because Lewis did not know exactly what he wanted to do and again expressed a desire that his family get together to divide the property.

When LaRue arrived, Lewis sought his advice concerning the disposition of the property. LaRue indicated Lewis should take the matter up with an attorney but Lewis responded he did not care for attorneys. LaRue and Lewis then went into a room serving as the ranch office to discuss the matter further.

The remaining persons present, Dale, Janet, Donald, Haugan and Fogland were either gathered around the dining room table or in other rooms of the house.

Dale was called into the room with Lewis and LaRue on two occasions. The first was to tell LaRue how many acres of land Lewis owned, though Lewis was present. The second was to inform LaRue as to how many cattle Lewis owned. On one of these occasions Lewis questioned Dale whether any settlement reached would be satisfactory with Harry and Lois. Dale indicated it would, though no attempt was made then to reach Harry or Lois, nor had either been informed of the meeting previously.

According to LaRue's testimony, Lewis and LaRue reached a decision that Dale was to get the land and machinery on the ranch, Harry was to get a money settlement from Dale, and Lois was to get only the household goods and Mollie's personal things. Lewis and LaRue then began to calculate the amount of money Dale should have to pay. LaRue suggested $35 an acre for 1,000 acres. Lewis asked what total amount this would be and LaRue indicated $35,000. Lewis apparently stated this would be too much for Dale to pay. Further calculations...