Craddock's Estate, Matter of, 13298

• Decision Date: 01 June 1977
• Docket Number: No. 13298,13298
• Citation: 566 P.2d 45,34 St.Rep. 487,173 Mont. 8
• Parties: In the Matter of the ESTATE of Oscar W. CRADDOCK, Deceased.
• Court: Montana Supreme Court

Page 45

566 P.2d 45

173 Mont. 8

In the Matter of the ESTATE of Oscar W. CRADDOCK, Deceased.

No. 13298.

Supreme Court of Montana.

Submitted March 16, 1977.

Decided June 1, 1977.

Burgess, Joyce, Prothero, Whelan & O'Leary, Butte, Robert T. O'Leary (argued), Butte, for appellant.

Edward D. Yelsa (argued), Anaconda, for respondent.

HATFIELD, Chief Justice.

This is an appeal from an order of the district court admitting to probate a purported holographic will of Oscar W. Craddock, who died on November 22, 1969, survived by one brother and five sisters.

Oscar W. Craddock had resided on his ranch near Ramsey, Montana, located in Silver Bow County, along with his brother, Ralph Craddock and two sisters, Ruby and Myrtle Craddock. Ralph Craddock resided with his brother from 1953 until 1969, performing most of the physical labor on the ranch. Ruby and Myrtle Craddock resided with Oscar from 1960 until 1969, taking care of the household duties.

In February 1972, approximately two and one half years after Oscar W. Craddock's death, Ruby found the holographic will in question in a cupboard above the kitchen sink at the ranch house. The will was taken to the Silver Bow County attorney's office by Ralph shortly thereafter. A few days later Ralph retrieved the will and returned it to the cupboard where it remained until September, 1972.

Ruby and Myrtle Craddock were hospitalized in July or August, 1972, Ruby for illness and Myrtle for a nervous breakdown. Ruby Craddock died in September, 1972, and Myrtle Craddock was subsequently declared incompetent.

Following Ruby's death and the hospitalization in Warm Springs of Myrtle, Ralph Craddock offered the holographic will for probate in September, 1972, an enlarged copy appearing as follows: (The actual dimensions of the will are 4 1/8 X 5 5/8 .)

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

This will was written in pencil and the cross-outs are blue in color.

Thereafter Pearl Trevenna, another sister of Oscar W. Craddock, filed an objection to the probate of the will alleging that the will had been mutilated and materially altered by someone other than Oscar W. Craddock. The district court denied probate of the will and Ralph Craddock appealed to this Court objecting to the procedures followed by the district court. This Court remanded the case to the district court for a hearing at which the proponent was to make a prima facie showing of proper execution in compliance with statutory requirements. Estate of Oscar W. Craddock, 166 Mont. 68, 72, 530 P.2d 483, 485. At that time this Court stated:

"Accordingly, we remand this case to the district court for a hearing at which proponent is to make his prima facie showing of the proper execution of the will. By so holding, we make no disposition as to the merits of the issue. The alterations appearing on the face of this holographic will, if unexplained, could invalidate the will. The determination rests with the district court upon proper hearing." (Emphasis supplied.)

The district court held this hearing wherein Ralph Craddock and his daughter, Charlene Berryman, testified in the proponent's case in chief. The contestant, who is now George Trevenna, the personal representative of the estate of Pearl Trevenna, deceased, presented no case in chief. Thereafter, the district court entered an order admitting this will to probate and the contestant appealed. The district court, however, failed to make findings of fact and conclusions of law, stating its basis for the order. Now we are asked to address the merits of this case.

Rule 52(a), M.R.Civ.P., makes it mandatory that the district court make findings of fact and conclusions of law in all actions tried upon the facts without a jury. Absent findings of fact and conclusions of law, this Court is forced to speculate as to the reasons for the district court's decision. Such a situation is not a healthy basis for appellate review. For this reason we reverse the district court's order and again remand this case to the district court with instructions to make findings of fact and conclusions of law, based upon the hearing previously held before the district court, and enter an order accordingly.

For purposes of possibly expediting the disposition of this matter, we will address one principle of law relied upon by the proponent at the district...