Jennings' Estate, In re
| Decision Date | 06 March 1972 |
| Docket Number | No. 1176--I,1176--I |
| Citation | 6 Wn.App. 537,494 P.2d 227 |
| Parties | In the Matter of the ESTATE of Jennie R. JENNINGS, Deceased. Lloyd J. LOUNSBURY, Jr., Appellant, Cross-Respondent, v. Nedra Fay LOUNSBURY, Respondent, Cross-Appellant. |
| Court | Washington Court of Appeals |
James R. Young, Charles F. Diesen, Redmond, for appellant.
Skeel, McKelvy, Henke, Evenson & Betts, W. R. McKelvy, Seattle, for respondent.
This is an appeal by Lloyd J. Lounsbury, Jr., executor of a will, from a judgment of the superior court revoking the will and dismissing him from his office. The petitioner, Nedra Fay Lounsbury, who challenged the will and who appears as respondent and cross-appellant here, is the daughter and an heir of the decedent, Jennie R. Jennings. We affirm in part, reversing that part of the judgment allowing attorney's fees and costs.
No useful purpose would be served by detailing all of the events that were reported to the court during 2 weeks of trial and reduced by the court to 30 pages of findings, conclusions of law, and judgment. It is sufficient to relate that Jennie R. Jennings was an elderly woman who was cared for in the home of Nedra Fay Lounsbury in Fairbanks Alaska, for about 10 years. During this period, decedent's mental and physical condition progressively deteriorated. In the early part of 1966, Lloyd J. Lounsbury, Jr., a son of Nedra Fay, who had been living in Anchorage, Alaska, arrived in Fairbanks with his wife. They took Jennie to Anchorage to live with them.
Within another 2 weeks, while in Lloyd's home Jannie signed the will in question which named Lloyd and his wife the principal beneficiaries of her estate of approximately a quarter of a million dollars. Shortly thereafter, Jennie gave Lloyd her general power of attorney, and he took her to a rest home in California. She was subsequently moved by Lloyd to a nursing facility in King County, where she remained for 3 years prior to her death.
There was abundant evidence from which the court could and did find that the execution of the will was under the undue influence of Lloyd and his wife. See In re Estate of Bush, 195 Wash. 416, 81 P.2d 271 (1938); Dean v. Jordan, 194 Wash. 661, 79 P.2d 331 (1938). Lloyd contends that the court believed neither him nor his wife. On the face of the record, there is good cause shown for the court's position.
The cross-appeal of Nedra Fay challenges the allowance of $7,500 made by the court for legal services and costs which Lloyd incurred in defending the will. The rule is that the court in its discretion may grant to an unsuccessful executor in a will contest expenses for the services of...
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In re Estate of Reugh
... ... The representative must exercise the utmost good faith and diligence in administering the estate in the best interests of the heirs. In re of Estate of Larson , 103 Wash.2d at 521, 694 P.2d 1051. An executor has a duty to defend the will. In re Estate of Jennings , 6 Wash. App. 537, 538, 494 P.2d 227 (1972). 83 In re Clawsons Estate , 3 Wash.2d 509, 101 P.2d 968 (1940) bears relevance to JoLynn Reugh-Kovalskys and Steve Gills appeal. The decedents personal representative claimed all of the estate as his property under community property laws. Another ... ...
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In re Estate of Reugh
... ... The representative must exercise the utmost good faith and diligence in administering the estate in the best interests of the heirs. In re of Estate of Larson , 103 Wn.2d at 521. An executor has a duty to defend the will. In re Estate of Jennings , 6 Wn. App. 537, 538, 494 P.2d 227 (1972). In re Clawson's Estate , 3 Wn.2d 509, 101 P.2d 968 (1940) bears relevance to JoLynn Reugh-Kovalsky's and Steve Gill's appeal. The decedent's personal Page 47 representative claimed all of the estate as his property under community property laws ... ...
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Estate of Pfleghar, Matter of
...in a will contest imports a finding of bad faith. In re Estate of Kleinlein, supra, is consistent with In re Estate of Jennings, 6 Wash.App. 537, 538-39, 494 P.2d 227 (1972), which holds that costs and attorney's fees may not be awarded to an unsuccessful proponent of a will where probate i......