Estate of Lint, Matter of
| Decision Date | 09 July 1998 |
| Docket Number | No. 64795-0,64795-0 |
| Citation | 957 P.2d 755,135 Wn.2d 518 |
| Parties | In the Matter of the ESTATE OF Estelle Champoux LINT, Deceased. James A. MURPHY, Gerald Champoux, Alan Champoux, Donald Champoux, Theresa Laurent, Michelle Gaedke, Malissa Reinders, and Heidi Reinders, Respondents, v. Christian LINT, Appellant. |
| Court | Washington Supreme Court |
Weber & Gunn, Kenneth W. Weber, Vancouver, Amicus Curiae on behalf of Kenneth Weber.
Arnold J. Barer, Elena Garella, Law Offices of Arnold J. Barer, Seattle, for Appellant.
Garvey, Schubert & Barer, Bruce McDermott, Carol Saboda, Williams, Kastner & Gibbs, Robert Lorentzen, John Knox, Seattle, for Respondents.
Appellant, Christian Lint (Christian), obtained direct review of the King County Superior Court's determination that a will Estelle Champoux Murphy Lint (Estelle) executed shortly before her death was invalid, and that Christian's marriage to Estelle was void. The principal questions we are asked to resolve in this case are these: (1) was there sufficient evidence to support the trial court's conclusion that Estelle's will was procured by undue influence or fraud?; and (2) did the trial court have jurisdiction to declare Estelle's marriage to Christian void? We answer each of the questions in the affirmative and conclude, additionally, that the trial court properly held that Estelle and Christian's marriage was void due to lack of solemnization and exceptional circumstances indicating that fraud of the grossest kind was practiced on Estelle. We, therefore, affirm the trial court.
Because, for reasons we set forth hereafter, we conclude that the trial court's findings of fact are supported by substantial evidence, our recitation of the facts is taken largely from those findings. They reveal the following: Estelle was formerly married to Ron Murphy. Their 30-year marriage ended in 1983 when Murphy, an attorney, died. Murphy, along with his brother Jim Murphy, had long been associated with a law firm now known as Ogden, Murphy, Wallace. During Estelle's marriage to Ron Murphy, she was known as a private and independent person who maintained a carefully chosen circle of confidants. For over 10 years following Ron Murphy's death, Estelle maintained a close relationship with her deceased husband's family, including Jim Murphy.
Estelle met Christian, who was 18 years her junior, in 1991 at a charity function in Seattle. Following that meeting they struck up a friendship and began dating and attending various functions together. From the time they began dating and up until September 1995, Christian "maintained relationships with other women," including a "longtime girlfriend." Finding of fact 6, Clerk's Papers (CP) at 2314. Estelle apparently enjoyed attending social events with Christian, but nevertheless indicated to friends that she had no reason to remarry.
In 1993, Estelle executed a will after conducting an extensive review of her estate plans with Jim Treadwell, an attorney with the law firm of Karr, Tuttle, Campbell. In this will, Estelle revoked all prior wills and provided that upon her death, her estate was to be divided into equal shares. One of the shares was to pass to Jim Murphy while the others were to go to certain named relatives. During her meetings with Treadwell, Estelle made no mention of Christian.
In April of 1995, Estelle was found to have metastasized carcinoma in her lungs. The following June, she underwent surgery to remove a portion of her left lung. From that time forward, "Estelle's cancer never ceased in its steady path of destruction of her body, including her brain, abdomen, and spine." Finding of fact 19, CP at 2316. Just before entering the hospital for the operation on her lung, Estelle left instructions with a woman who cared for her dogs that no family members should be told about the surgery until Christian communicated Estelle's permission. After the surgery was performed, Christian contacted Jim Murphy, at Estelle's request, and told him about the surgery. Murphy and his wife, Janet, then visited Estelle at the hospital.
During Estelle's stay at the hospital, a hospital social worker suggested to Estelle that she should execute a health care power of attorney. Consequently, Christian contacted Scott Snyder, an attorney at Ogden, Murphy, Wallace who had handled legal matters for Estelle in the past. Snyder prepared a power of attorney for Estelle but she did not sign it. At about this time, Estelle and Jim Murphy became estranged.
On July 18, 1995, Estelle was again admitted to a hospital after it was discovered that she had a metastasized lesion on her brain. Her treating physician indicated in his notes that Estelle appeared at that time to be "confused and oriented only to herself." Finding of fact 10, CP at 2314. A speech pathologist at the hospital noted that Estelle had " 'moderate-severe aphasia ... affecting comprehension.' " 1 Finding of fact 10, CP at 2314. A neuropsychologist, Dr. Taylor, observed that Estelle showed signs at this time of "verbal and motoric perseveration, stereotyped phrases, inability to pick objects from an array, and that the 'degree of receptive aphasia suggests possibly more extensive involvement' of brain tumors." Finding of fact 10, CP at 2314. Dr. Rieke, Estelle's radiation oncologist, diagnosed her condition at this time as "terminal" and prescribed "a course of palliative treatment." Appellant's Br. at 10.
On August 3, 1995, Christian and Estelle met with Treadwell. At this meeting, Christian asked Treadwell to draw up a financial power of attorney for Estelle, naming Christian as her attorney in fact. Treadwell advised against this course of action and instead prepared papers, which Estelle signed, giving Christian joint power of attorney with Estelle's accountant, Dave Clements.
At about this time, Christian moved into Estelle's home in the exclusive Highlands area of King County. By August 7, Christian had dismissed Estelle's housekeeper of 15 years and hired two of his employees, Donna Love and Dan Fenton, to assist in caring for Estelle. 2 Christian asked Love to keep a logbook of all activities occurring at Estelle's house.
Christian then began to "systematically and persistently" isolate Estelle from friends and family, including three of her long-time friends Mary Bowles, Karen Phillips, and Janet Murphy. Finding of fact 15, CP at 2315. He also instructed Love to take messages from people who called for Estelle, but not to respond to inquiries about her health. Love was also told by Christian to make entries in her logbook " 'wherever she can' " to indicate that he had checked on Estelle. Finding of fact 16, CP at 2315. At one point Christian had all telephone calls to Estelle's house forwarded to his office. Christian also instructed Estelle's doctors not to release information about Estelle's medical condition to her family. A hospice nurse who visited Estelle's home was told by Christian that Estelle's family was trying to have her "declared incompetent and put in the hospital or a nursing home." Finding of fact 18, CP at 2315. The nurse was instructed by Christian not to put anything in the logbook that would suggest that Estelle was incompetent.
Estelle's physical condition continued to deteriorate. On September 27, 1995, one of her doctors changed her prescription for Pamelor, an antidepressant, from 25 mg three times a day to one daily dosage of 75 mg. The following day, Dr. Rieke concluded that Estelle had only a short time to live. His contemporaneous notes indicate that Estelle showed " 'neurologic deterioration over [the] last two to three days,' " and " 'cognitive problems.' " Finding of fact 23, CP at 2316. When Rieke suggested to Estelle that she be admitted to the hospital, she refused, indicating that she wanted to remain at home.
On September 29, 1995, a supervisor with the Snohomish Hospice team interviewed Estelle at her home and noted that Estelle's conversation consisted of " 'word salad.' " Finding of fact 24, CP at 2316. Christian told the interviewer that he had a health care power of attorney for Estelle, but he was unable to produce the document. That evening, Christian asked James Lynch, a notary public, to notarize Estelle's signatures on health care and financial powers of attorney. Lynch who had come to the house, declined to notarize the documents because, in his opinion, Estelle was " 'groggy' " and did not appear to "understand what was going on." Finding of fact 25, CP at 2317.
On October 3, 1995, the hospice supervisor informed Christian that unless he produced a power of attorney, she would release medical information to Estelle's family. On that same day, a hospice nurse discovered that Estelle was receiving an overdose of Pamelor, as a consequence of a mistake on Christian's part. A hospice employee who attempted to follow up regarding the Pamelor overdose, was informed by Christian that Estelle was " 'doing great' " and " 'wanted to take a trip today.' " Finding of fact 30, CP at 2317. Love's logbook indicated that between October 5 and October 9, 1995, Estelle engaged in bizarre behavior, including "attempt[ing] to brush her teeth with cleaning fluid, attempt[ing] to take suppositories orally, lit matches and yelled 'fire', buttered a photograph and tried to eat it, put her foot in a bowl of sugar, and talked about having a nice dinner of 'bell bottom toad, all Oriental food.' " Finding of fact 29, CP at 2317.
On October 11, 1995, Christian, Estelle, Love and Jim McKenna, Love's boyfriend, traveled to Las Vegas. Upon arriving in that city, they proceeded to the "We've Only Just Begun Wedding Chapel." Finding of fact 32, CP at 2317. Although Christian and Estelle did not have a marriage license, the chapel's on-duty reverend, Forrest Walser, agreed to perform a nonbinding wedding ceremony. A videotape of the mock ceremony reveals that...
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