Estate of Stratmann, Matter of
| Decision Date | 20 February 1991 |
| Docket Number | No. 63661,63661 |
| Citation | 248 Kan. 197,806 P.2d 459 |
| Parties | In the Matter of the ESTATE OF Bart STRATMANN, a/k/a Bert J. Stratmann, Deceased. CENTRAL KANSAS MEDICAL CENTER, First Presbyterian Church of Ellsworth, Sterling College, Ellsworth County Veterans Memorial Hospital, and Lutheran Society Good Samaritan Home, Appellees, v. Edith STRATMANN, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
1. In an action to enforce a contractual will against the estate of a decedent, the claimants must produce clear and convincing evidence to establish the existence of the alleged contract.
2. Mutual wills made in pursuance to a contract and in consideration of reciprocal provisions do not violate public policy. Mutual wills made pursuant to an agreement not to revoke are contractual as well as testamentary in nature and impose an irrevocable obligation on the surviving testator upon the death of the other testator. A contractual will, however, may be revoked and probate thereof prevented. The revocation breaches the contract, and any beneficiary under the revoked will is entitled to make a claim against the estate of the testator.
3. Claimants must establish by direct or circumstantial evidence that mutual and contractual wills were made in consideration of one another. The contract must be established by full and satisfactory proof which cannot be supplied by a presumption arising from the fact the wills were mutual. The fact that the wills contain no reference to a contract is not conclusive, nor can a contract be presumed because two persons simultaneously make reciprocal testamentary dispositions.
4. The terms of the will itself may be circumstantial evidence of a contract and may show by implication, along with other known circumstances such as family relations, that execution of the will was the product of a pre-existing agreement.
5. In a valid contractual will the contract must be definite, certain, and unequivocal as to parties, subject matter, and consideration.
6. Under the facts of this case, reciprocal and similar will provisions, without reference to a contract and without extrinsic evidence of any agreement, do not constitute a contract which precludes either testator from changing his or her will.
Gerald L. Green, of Gilliland & Hayes, P.A., Hutchinson, argued the cause and was on the briefs for appellant.
John Sherman, of Svaty, Sherman & Hoffman, Ellsworth, argued the cause for appellees, and was on the briefs for appellees First Presbyterian Church of Ellsworth, Sterling College, Ellsworth County Veterans Memorial Hosp. and Lutheran Soc. Good Samaritan Home.
Robert P. Keenan and Martin J. Keenan, of Keenan Law Firm, P.A., of Great Bend, were on the briefs for appellee Cent. Kansas Medical Center.
Frederick Woleslagel, Lyons, was on the brief for all listed charities.
This is a civil action against the estate of Bert Stratmann by several charities--Central Kansas Medical Center, First Presbyterian Church of Ellsworth, Sterling College, Ellsworth County Veterans Memorial Hospital, and Lutheran Society Good Samaritan Home. The claimants allege Bert Stratmann and his brother and sister made mutual and contractual wills, leaving all their property to the claimants. The claimants contend Bert breached the contract when he executed a new will giving all his property to Edith Stratmann, his wife. Following a jury trial, a verdict was returned in favor of the claimants.
The facts of this case reveal a long history of litigation within the Stratmann family. Tena Stratmann was the mother of seven children: Chris, Bert, Edwin, Otto, Marvin, Ervin, and Mathilda. Edwin predeceased his mother and the other children. Chris, Marvin, and Ervin each married and were thereafter treated as outsiders by the three single Stratmanns, Bert, Otto, and Mathilda. After Tena Stratmann's death in 1960, numerous lawsuits and partition actions were filed among the children. Eventually, Bert, Otto, and Mathilda each held a one-third interest of Tena Stratmann's considerable estate.
On April 23, 1970, Bert revoked all prior wills and executed a new will wherein he left all his property to Otto and Mathilda to share absolutely and forever, or to the survivor of them. In the event that Otto and Mathilda predeceased Bert, the will provided for disposition of the estate in the following manner:
St. Peter's Lutheran Cemetery Assoc., Holyrood $1,000
Good Samaritan Center Bldg. Fund, Ellsworth 10%
Ellsworth County Veterans Memorial Hosp. 10%
First Presbyterian Church of Ellsworth Bldg. Fund 30%
Sterling College Endowment for Scholarship Fund 50%
On July 16, 1970, Otto executed a similar will. He left his entire estate to Bert and Mathilda to share absolutely and forever, or to the survivor of them. In the event that Bert and Mathilda predeceased Otto, the will provided for division as follows:
St. Peter's Lutheran Cemetery Assoc., Holyrood $2,000
Good Samaritan Center Bldg. Fund, Ellsworth 10%
Ellsworth County Veterans Memorial Hosp. 10%
First Presbyterian Church of Ellsworth Bldg. Fund 25%
Central Kansas Medical Center, Great Bend 10%
Sterling College Memorial Endowment Scholarship
Fund, as follows: 45%
Memorial Scholarship Fund
In Memory of
Bert J. Stratmann
Otto Stratmann
Mathilda Stratmann
of Lorraine, Kansas
There is no record of a 1970 will executed by Mathilda. Testimony by Mathilda in the probate of Otto's will, however, indicates she executed a reciprocal will on the same day as Otto. The drafting attorney also testified that Mathilda executed a will on July 16, 1970, and left her estate to Bert and Otto or, if neither survived, to the same charities in the same percentages as Otto's will.
Otto Stratmann died August 9, 1973, and the 1970 will was probated. Bert and Mathilda received the bulk of Otto's estate estimated at a value of $549,730.
Mathilda executed a will in 1974 and again in 1976. The June 24, 1976, will left all her property to Bert, and if he did not survive Mathilda the following disposition was ordered:
St. Peter's Lutheran Cemetery Assoc., Holyrood $ 1,500
Ellsworth Memorial Cemetery $ 1,000
First Presbyterian Church of Ellsworth Bldg. Fund $ 20,000
Mathilda's grave maintenance $ 1,000
Bert's grave maintenance $ 1,000
Central Kansas Medical Center Bldg. Fund, Great Bend undivided 1/2
interest in
remainder
Sterling College Memorial Endowment Scholarship Fund, as undivided 1/2
follows: interest in
remainder
Memorial Scholarship Fund
In Memory of
Bert J. Stratmann
Mathilda Stratmann
Otto Stratmann
Bert also executed a new will on June 24, 1976. Bert left his entire estate to Mathilda and directed the following disposition if Mathilda failed to survive him:
St. Peter's Lutheran Cemetery Assoc., Holyrood $1,500
Ellsworth Memorial Cemetery $1,000
First Presbyterian Church of Ellsworth Bldg. Fund $20,000
Bert's grave maintenance $1,000
Mathilda's grave maintenance $1,000
Central Kansas Medical Center Bldg. Fund, Great Bend undivided 1/2
interest in
remainder
Sterling College Memorial Endowment Scholarship Fund, as undivided 1/2
follows: interest in
remainder
Memorial Scholarship Fund
In Memory of
Bert J. Stratmann
Mathilda Stratmann
Otto Stratmann
Mathilda Stratmann died October 28, 1981, and her 1976 will was probated. Bert received the entire estate valued at $1,360,717.
Edith Oeser became acquainted with the Stratmanns while she worked at the Central Kansas Medical Center where Mathilda was frequently a patient. In 1979, Edith began to occasionally care for Mathilda in the Stratmann home. In November 1981, Bert and Edith began to date. The relationship flourished and culminated in marriage on April 3, 1982, at which time Bert was 81 and Edith was 64.
On November 10, 1983, Bert executed his final will. Under the new will Bert left most of his estate to Edith and her children. Certain property was left in trust with the income to be paid to Edith and her children in designated percentages. After the trust had been in effect for twenty years, the will authorized disposition of the principal and income in the following manner:
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