In re Estate of Holcomb

• Decision Date: 19 November 2002
• Docket Number: No. 93,653.,93,653.
• Citation: 2002 OK 90,63 P.3d 9
• Parties: In the Matter of the ESTATE OF Laura Edna HOLCOMB, Deceased. Marcus Holcomb et al., Appellants, v. Heidi Carter Drennan, Personal Representative of the Estate of Lela Elaine Carter, Deceased, Appellee.
• Court: Oklahoma Supreme Court

63 P.3d 9

2002 OK 90

In the Matter of the ESTATE OF Laura Edna HOLCOMB, Deceased.

Marcus Holcomb et al., Appellants, v. Heidi Carter Drennan, Personal Representative of the Estate of Lela Elaine Carter, Deceased, Appellee.

No. 93,653.

Supreme Court of Oklahoma.

November 19, 2002.

Rehearing Denied January 28, 2003.

Marcus Holcomb, Holcomb & Harkins, Buffalo, OK, Appellant pro se.

David A. Cheek and Joel H. McNatt, McKinney & Stringer, P.C., Oklahoma City, OK, for Appellants, Laura Grace McNatt, Keith Holcomb and Murray Holcomb.

Glenn A. Devoll and Julia C. Rieman, Gungoll, Jackson, Collins, Box & Devoll, P.C., Enid, OK, for Appellee, Heidi Carter Drennan.

OPALA, J.

¶ 1 The dispositive questions tendered for certiorari are: (1) Is the district court's finding that the decedent possessed testamentary capacity clearly contrary to the weight of the evidence? and (2) Is the district court's finding that the decedent's will was not the product of undue influence clearly contrary to the weight of the evidence? We answer both questions in the negative.¹

I ANATOMY OF LITIGATION

¶ 2 Laura Edna Holcomb (Mrs. Holcomb) died on 13 May 1995 at the age of 96. She had three living children at the time of her death, Lela Elaine Carter (Elaine), Murray Marcus Holcomb (Marc), and Laura Grace McNatt (Laura Grace). Another son, William Maynard Holcomb (Bill), predeceased her. On or about 15 June 1990, while residing in Buffalo, Harper County, Oklahoma, Mrs. Holcomb suffered a debilitating stroke. For reasons that were not satisfactorily explained, she was not taken to the hospital, but was instead taken by Elaine to Elaine's home in Woodward where she lived until her death in 1995.

¶ 3 On 29 June 1990, approximately two weeks after suffering the stroke, Mrs. Holcomb executed a will which divided her estate, other than some mineral interests, into fifths. Mrs. Holcomb's four children were each to receive one-fifth and Elaine's daughter, Talley, was to receive one-fifth. Talley was also bequeathed the mineral interests. On that same day, Mrs. Holcomb was taken to the emergency room of the hospital in Liberal, Kansas. She remained hospitalized there and in Kansas City, Missouri, for approximately two months. She then returned to Elaine's home in Woodward.

¶ 4 On 21 August 1992, after the death of her son, Bill, Mrs. Holcomb executed a second will, which increased Elaine's share of the estate to two-fifths. The mineral interests were again bequeathed to Elaine's daughter, Talley. On the same date, Mrs. Holcomb, having inherited $80,000 upon the death of a relative, assigned that inheritance to Elaine and her elder daughter, Heidi Carter Drennan (Heidi), in equal shares.

¶ 5 On 14 February 1995, approximately three months before her death, Mrs. Holcomb executed a third will leaving her entire estate to Elaine and, in the event Elaine were to predecease her, to Elaine's heirs.

¶ 6 After her mother's death, Elaine petitioned the District Court, Woodward County, to admit the 1995 will to probate. Marc, Laura Grace, and Bill's two sons, Murray Allen Holcomb and Warren Keith Holcomb (contestants), challenged the will's admission on the grounds of (1) improper venue, (2) lack of testamentary capacity, and (3) undue influence. Prior to the trial of this cause, Elaine died. Heidi was appointed personal representative of her mother's estate and is now the proponent of her grandmother's will (the will proponent). The district court found against contestants on all issues and ordered the will admitted to probate. Contestants appealed.

¶ 7 The Court of Civil Appeals, Division II (COCA), reversed, holding that the district court's finding on the issue of undue influence was clearly contrary to the weight of the evidence. We granted certiorari on the will proponent's petition and now vacate COCA's opinion and affirm the district court's probate order.

II STANDARD OF REVIEW

¶ 8 Probate proceedings are of equitable cognizance.² While an appellate court will examine and weigh the record proof, it must abide by the law's presumption that the nisi prius decision is legally correct and cannot be disturbed unless found to be clearly contrary to the weight of the evidence or to some governing principle of law.³ Because a trial judge has an opportunity that is unavailable to an appellate court to observe the demeanor and conduct of the witnesses, deference should be accorded on review to the trial tribunal's resolution of conflicting testimony.⁴ If legally correct, a district court's ruling will not be reversed because of its faulty reasoning, erroneous finding of fact or its consideration of an immaterial issue.⁵ When a will is offered for probate, the factum of the will — i.e., (a) whether the will has been executed with the requisite statutory formalities, (b) whether the maker was competent to make a will at the time, and (c) whether the will was the product of undue influence, fraud or duress — becomes the singular concern of the court.⁶ The emphasis of the judicial process from beginning to end is to discern and effectuate the decedent's dispositive intent.⁷

III

THE DISTRICT COURT'S RULING THAT MRS. HOLCOMB POSSESSED TESTAMENTARY CAPACITY IS NOT CLEARLY CONTRARY TO THE WEIGHT OF THE EVIDENCE.

¶ 9 Testamentary capacity exists when a person possesses, in a general way, the ability to appreciate the character and extent of the devised property, understands the nature of the relationship between himself and the natural objects of his bounty, and apprehends the nature and effect of the testamentary act.⁸ Whether one possesses testamentary capacity is a question of fact.⁹The burden of persuasion that a will maker lacked testamentary capacity rests upon the will contestant.¹⁰ In adjudging a decedent's testamentary capacity, it is appropriate for the trial tribunal to consider evidence of the testator's mental capacity, appearance, conduct, habits and conversation both before and after the will's execution to the extent these factors are relevant to the maker's mental condition at the time the will was executed.¹¹

¶ 10 A great amount of conflicting evidence germane to Mrs. Holcomb's testamentary capacity was introduced. Witnesses called by contestants included the contestants themselves, Marc's children, Laura Grace's daughter, a home nursing supervisor, and Mrs. Holcomb's first post-stroke physician. These witnesses cumulatively testified that by the date of the execution of the will in question, Mrs. Holcomb was mentally incompetent, was speaking of deceased friends and relatives, including her son, Bill, as if they were alive, was receiving mind-altering drugs, was exhibiting increasing difficulty in sustaining a coherent conversation, did not consistently recognize or respond to them, and lacked the capacity to know what property she owned.

¶ 11 The proponent challenged this evidence in every respect. She obtained from Mrs. Holcomb's first post-stroke physician an admission that, although he considered Mrs. Holcomb incompetent, another physician could have considered her "alert" and could have believed her to be competent. Mrs. Holcomb's second post-stroke physician, who treated her from 1993 until her death in 1995, testified that although his patient continued to decline physically, she remained "bright" and capable of making her own decisions. He had no doubt that she remained competent up to the time of her death.

¶ 12 One of Mrs. Holcomb's nephews visited her in the fall of 1994 and the spring of 1995. He described his aunt as "sharp as a tack." He testified that his aunt asked about his children and, much to his surprise, remembered his son's name even though she had seen the child only twice in her life. He remembered commenting to his mother later that Mrs. Holcomb was still capable of playing bridge. He stood to gain nothing from the will and did not appear to be especially close to his relatives on either side of the case.

¶ 13 A neighbor who frequently stopped by the house to visit¹² testified that Mrs. Holcomb was an active participant in their conversations. The neighbor had to watch the news before her visits because Mrs. Holcomb "knew more about what was going on than I did a lot of times." She also testified that Mrs. Holcomb knew who her children were.

¶ 14 Mrs. Holcomb's hired daily caregiver testified that Mrs. Holcomb was alert and carried on intelligent conversations with her throughout the five years she attended to her. Mrs. Holcomb knew who her children were and, when talking about them, she identified each by name. She liked to talk about politics. In the caregiver's opinion, Mrs. Holcomb's mind was still sharp in 1994 and 1995.

¶ 15 Each of the parties who participated in the execution of the 1995 will testified. One of the witnesses testified that Mrs. Holcomb was alert, conversed with her attorney in complete sentences, and seemed to comprehend what was taking place. She watched people as they moved about in the room and replied to whomever spoke to her. Mrs. Holcomb's attorney testified that she and she alone provided him with the dispositive provisions of the 1995 will. She was able to offer him a reasonable explanation for devising her entire estate to Elaine. He testified that Mrs. Holcomb knew who her children were and understood in a general way what property she owned. He had no doubt that she possessed the requisite competence to execute the will. The neighbor who frequently visited Mrs. Holcomb also participated in the execution of the 1995 will as the decedent's proxy signer. She testified that she stayed after the will's execution and visited with Mrs. Holcomb for about thirty minutes. During their conversation Mrs. Holcomb told her she had left everything to Elaine because she was worried about Elaine's financial security.

¶ 16 The voluminous medical records included as exhibits did little to shed light on Mrs. Holcomb's mental condition as it relates to testamentary capacity. Their...