In re Jordan's Estate

• Decision Date: 05 October 1923
• Docket Number: 17871.
• Citation: 219 P. 2,126 Wash. 609
• Court: Washington Supreme Court
• Parties: In re JORDAN'S ESTATE. v. STEVA et al. GLASSMIRE et al.

219 P. 2

126 Wash. 609

In re JORDAN'S ESTATE.

GLASSMIRE et al. v. STEVA et al.

No. 17871.

Supreme Court of Washington

October 5, 1923

Department 2.

Appeal from Superior Court, King County; Everett Smith, Judge.

In the matter of the estate of J. Eugene Jordan, deceased. Contest of the will by Jeanette Jordan Glassmire and others as against Edith Steva, individually and as executrix of the estate, and others. Judgment for proponents, and contestants appeal. Affirmed.

John T Hunt, Peters & Powell, Thos. J. L. Kennedy, and Hugh R Fullerton, all of Seattle, for appellants.

William D. Totten and Philip Tworoger, both of Seattle, for respondents.

PEMBERTON J.

This is a contest of the will of Dr. J. Eugene Jordan, of Seattle who died on the 21st day of March, 1922, having resided in the city since 1886. The contestants, Jeanette Jordan Glassmire, Lucile Jordan Freitag, and Florine Jordan, are the daughters and only children of deceased living, and were given $1 each under the provisions of the will. The value of the estate is approximately $60,000. Certain real estate near Aberdeen, appraised at $48,000, was bequeathed to the city of Seattle upon the condition that the city accept the gift within one year and use the proceeds for the sole purpose of constructing a general hospital at Seattle, to be known as the Dr. J. Eugene Jordan Municipal Hospital. Small portions of the property were given to Helen Adams, Sarah L. Brown, and Rose Mary McDougall, and all the rest and residue of the estate was devised and bequeathed to respondent Edith Steva, a friend of the deceased, known only since 1908. The city council of Seattle rejected the devise to the city, and under the terms of the will it passes to respondent Edith Steva. The will was executed on January 18, 1922, having been prepared by Judge Hiram E. Hadley, and was similar to a former will prepared by Judge Hadley and signed by decedent on the 30th day of January, 1917. In the former will the daughters were each given $1, with the exception that Florine was given the sum of $1,000. Other minor changes were made, but have no bearing upon the issues in controversy.

Dr. Jordan formerly lived with his family in Emporia, Kan. In the year 1884, about nine months after the birth of his youngest daughter, he came West. For some years he paid the amount of $100 per month for the support of his family. In 1896 Mrs. Jordan instituted an action for divorce, which resulted in a settlement of their property rights and a decree of divorce being granted to her in Potter county, Pa. For the next 10 years and for 3 years prior thereto there was no correspondence between Dr. Jordan and the members of his family. In 1910 Florine visited her father and remained in Seattle for about one year. In 1913, the oldest daughter, Mrs. Glassmire, visited her father for the period of about four months. Her father was very much dissatisfied with her conduct. After a trial the court entered findings of fact and conclusions of law in favor of respondents, and entered judgment decreeing 'that the document admitted to probate on the 23d day of March, 1922, as the last will and testament of the late J. Eugene Jordan, be and it is hereby adjudged to be the last will and testament of the said J. Eugene Jordan, deceased,' from which judgment this appeal is taken.

It is the contention of appellants that the respondents Edith Steva and Helen Adams entered into a conspiracy with the intent purpose, and design of procuring and inducing Dr. Jordan to make the will, and that it was not executed by him as of his own free will and volition, but was procured through duress and undue influence of respondents, and it is further claimed that Dr. Jordan was mentally unsound and incapable of making and executing...