Estate of Baker

• Decision Date: 06 May 1982
• Citation: 182 Cal.Rptr. 550,131 Cal.App.3d 471
• Court: California Court of Appeals
• Parties: ESTATE OF Dorothy Mae BAKER, Deceased. Alta Clifford POTTER, as Executrix, etc., et al., Petitioners and Appellants, v. Clarence Baker COLEMAN, et al., Contestants and Respondents. Clarence Baker COLEMAN, et al., Plaintiffs and Respondents, v. Alta Clifford POTTER, Defendant and Appellant. Civ. 63577.

Page 550

182 Cal.Rptr. 550

131 Cal.App.3d 471

ESTATE OF Dorothy Mae BAKER, Deceased.

Alta Clifford POTTER, as Executrix, etc., et al., Petitioners and Appellants, v. Clarence Baker COLEMAN, et al., Contestants and Respondents.

Clarence Baker COLEMAN, et al., Plaintiffs and Respondents, v. Alta Clifford POTTER, Defendant and Appellant.

Civ. 63577.

Court of Appeal, Second District, Division 1, California.

May 6, 1982.

Hearing Denied June 30, 1982.

Raymond C. Simpson, Palos Verdes Estates, and Robert W. Armstrong, Downey, for appellant Alta Clifford Potter.

Thomas K. Russell, Fullerton, for appellant Richard Whitaker.

Young & Young, Walter H. Young, and George Walter Young, Los Angeles, for respondents.

LILLIE, Acting Presiding Justice.

This is an appeal from a judgment entered on a special verdict in a will contest and an action to set aside a deed which were consolidated for trial.

Dorothy Mae Baker died February 15, 1978, at the age of 81, leaving an estate valued at $73,131. Her will (executed Jan. 6, 1977) included bequests of $4,500 to her brother Clarence Baker Coleman, $4,500 to Coleman's wife, $100 to each of his two daughters, $1,000 to Dorothy's "godson" David N. Lee and $5,000 to Richard Whitaker, grandson of Dorothy's friend Alta Clifford Potter; Alta was given a tea and coffee service, Dorothy's residence and the residue of the estate; ¹ the will named Alta as executrix and Elmer Bromley as attorney for the estate and the executrix. Alta petitioned for probate of the will. Clarence Coleman, as Dorothy's sole blood heir, filed a contest and opposition to probate of those provisions of the will relating to Alta (both bequests and devise to her and her nomination as executrix), Richard Whitaker and Elmer Bromley. ² The contest alleged: When Dorothy executed the will she was not of sound and disposing mind and was acting under undue influence and fraud on the part of Alta, who stood in a confidential relationship with Dorothy; Alta told Dorothy that she (Alta) was in direct communication with deceased relatives of Dorothy and that she had received messages from them directing Dorothy to make and execute the will in question. David Lee contested the will on the same grounds, alleging that his grandmother was the blood sister of Mary Baker, who had adopted Dorothy. ³

After filing his contest to the will, Clarence Coleman commenced a separate action (No. C 250700) against Alta to set aside a grant deed executed by Dorothy conveying to Alta a joint tenancy interest in a condominium, and to recover money and securities given to Alta by Dorothy. The complaint alleged that such inter vivos conveyance and gifts were made as the result of Alta's undue influence and fraud practiced in the manner set forth in the will contest. By leave of court, David Lee intervened as a plaintiff. On Coleman's motion, and over objection by Alta and Whitaker, the action was ordered consolidated with the will contest for trial only.

A jury trial resulted in a special verdict which determined: Dorothy was of sound and disposing mind in including in her will the provisions challenged by the contestants; each of such provisions was obtained through undue influence exerted, and fraud perpetrated, by Alta upon Dorothy; during Dorothy's lifetime Alta obtained from her, through the exercise of undue influence and fraud, checks totaling $55,027.37 and shares of stock in Holofile, Inc. and Beehive, Inc.; Alta obtained her joint tenancy interest in the condominium by undue influence and fraud practiced upon Dorothy.

Judgment on the special verdict was entered denying probate to those provisions of the will making bequests and devises to Alta and Whitaker, naming Alta as executrix, and naming Elmer Bromley as attorney for the estate and the executrix. As to case No. C 250700, plaintiffs Coleman and Lee were awarded judgment against Alta in the sum of $66,456.49 ($55,027.37 as principal and $11,429.12 as interest thereon); the judgment directed that any sums recovered be held by plaintiffs as trustees for the benefit of the estate. It was further ordered that Alta deliver to the special administrator of the estate certificates for 1,000 shares each of the stock of Holofile, Inc. and Beehive, Inc. The judgment also set aside the joint tenancy deed to the condominium, and ordered Alta to convey said property by grant deed to the special administrator of the estate and to deliver possession of the premises to him on written demand. ⁴

Alta and Whitaker appeal from the judgment contending that the evidence does not support the special verdict of undue influence and fraud in the procurement of parts of the will. The rules of evidence, the weight to be accorded to the evidence and the province of a reviewing court are the same in a will contest as in any other civil case. (Estate of Bristol (1943) 23 Cal.2d 221, 223, 143 P.2d 689.) "In resolving the issue of the sufficiency of the evidence, we are bound by the established rules of appellate review that all factual matters will be viewed most favorably to the prevailing party [citations] and in support of the judgment .... 'In brief, the appellate court ordinarily looks only at the evidence supporting the successful party, and disregards the contrary showing.' [Citations.] All conflicts, therefore, must be resolved in favor of the respondent." (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 925-926, 101 Cal.Rptr. 568, 496 P.2d 480; emphasis in original. See also Munoz v. Olin (1979) 24 Cal.3d 629, 635-636, 156 Cal.Rptr. 727, 596 P.2d 1143; Estate of Teel (1944) 25 Cal.2d 520, 526-527, 154 P.2d 384.) With these principles in mind, we summarize the evidence.

Dorothy never married. She had been adopted by Mary Baker and lived with Mary and Mary's son Arthur ("Bake"), a paraplegic, at 1412 North Alta Vista in Los Angeles. Mary died in 1964, and Arthur in 1971. Dorothy had a blood brother, Clarence, who was reared by foster parents named Coleman. Clarence and his wife stayed at the Baker house for four months in 1965. Dorothy often spoke of Clarence, stating that she was proud of him and loved him. David Lee's grandmother was the sister of Mary Baker, Dorothy's adoptive mother. Lee therefore was Dorothy's cousin by adoption, and she called him her favorite cousin. When Lee's family lived in California (1951-1965) they visited constantly with the Baker family. After the Lees moved to Texas, the Bakers visited them there; following the death of "Bake," Dorothy continued the visits. Until 1976 David Lee saw Dorothy every year; theirs was a warm, close association.

In 1969 Dorothy executed a will leaving $100 to her brother Clarence and the residue of her estate to Mary Baker and "Bake." After their deaths Dorothy said that she intended to divide her estate among Clarence, David Lee and Wallace Baker, another cousin. She told David Lee many times that family heirlooms which had come into her possession would be returned to him upon her death; she promised her cousin Amy Bice that she would leave Amy an antique silver-plated tea service which always had been in the Baker family.

Alta first met Dorothy in 1938 and thereafter continued to see her on a casual basis. Alta also was acquainted with Dorothy's adoptive mother and brother, Mary Baker and "Bake," and knew of their deaths. In 1960 Alta was licensed as a security broker, and occasionally advised Dorothy on investments. Dorothy met Alta's grandson, Richard Whitaker, when he was 3 or 4 years old but did not see him again until he was 32. In 1976 and 1977 Dorothy, at Whitaker's invitation, spent Christmas Eve with him and his family at their home.

Lawrence Gelbmann worked 3 or 4 days a week in the Baker home from 1952 until Dorothy's death in 1978; thus, he was in close contact with Dorothy over a period of 26 years. Gelbmann testified: He first heard of Alta in 1971 when she came to the Baker house to pick up an envelope Dorothy had left for her; before that, he had neither seen Alta nor heard her name mentioned. After his initial meeting with Alta, Gelbmann next saw her in October 1975 when she came to the Baker house and said she had three "visitations" from "Bake" and messages from him for Dorothy. Thereafter, and continuing through January 1978, Alta relayed to Dorothy messages which she (Alta) said she had received from the spirits of Mary Baker and "Bake." These messages included the following: Dorothy should go out more, enjoy life and spend money; she should dispose of her 34 cats so that she would be free to travel; she should get rid of "false friends"; she should sell her house and use the money for travel and to have fun; she should rent an apartment and leave behind the work of managing a house; she should borrow money in order to "live better"; she should sell her unproductive securities and thereafter let Alta manage her securities; she should not go to the home of David Lee for Christmas in 1977, but should spend Christmas with Alta and the Whitakers; she should give $1,000 to Alta's nephew, Steven, for his education. The messages sometimes were accompanied by pleas from "Bake" and mother that unless Dorothy did as they suggested, they would be earthbound and could not go on to a higher plane. The spirits (speaking through Alta) also warned Dorothy occasionally that if she did not do as they advised, they would leave her and she would be on her own. With the exception of selling her house and renting an apartment, Dorothy did exactly as Alta had told her the spirits of mother and "Bake" advised.

David Lee and several of Dorothy's friends testified that Dorothy told them she had met a real psychic (Alta) who gave her messages from "Bake" and mother. Dorothy truly believed in the messages and believed that they came from "Bake" and mother.

The final message from the spirits through Alta was that Dorothy should take a trip to Peru. Dorothy was 81 years old and weighed 78 pounds; she had suffered heart attacks...