Kemp v. Hannan (In re Hannan's Estate)

• Decision Date: 03 June 1946
• Docket Number: No. 6.,6.
• Parties: In re HANNAN'S ESTATE. KEMP v. HANNAN et al.
• Court: Michigan Supreme Court

315 Mich. 102

23 N.W.2d 222

In re HANNAN'S ESTATE.

KEMP

v.HANNAN et al.

No. 6.

Supreme Court of Michigan.

June 3, 1946.

Appeal from Circuit Court, Wayne County; Adolph F. Marschner, judge.

Proceeding in the matter of the estate of Amanda Hannan, deceased, by Marjorie Hannan Kemp, proponent of alleged will, against William W. Hannan and another, contestants. Judgment in favor of contestants and proponent appeals.

Reversed and case remanded with instructions.

Before the Entire Bench.

Thomas B. Moore and Milman Andrews, both of Detroit, for appellant.

Robert J. Hanley, A. W. Sempliner, and Ernest Wunsch, all of Detroit (LeRoy J. Abt, of Detroit, of counsel), for appellees.

STARR, Justice.

This is a will contest. Amanda Hannan, a widow, died in Detroit October 29, 1941, leaving a last will and testament executed on September 29th of that year. After providing for payment of funeral, burial, and administration expenses and inheritance taxes, the will stated in part:

‘Second: After much deliberation, I give and bequeath to my son, William W. Hannan, the sum of $2,000. The omission on my part to further provide for my said son is intentional.

‘Third: I direct my executrix, hereinafter named, to purchase an annuity for my son, Fredrick Hannan, and to expend therefor the sum of $30,000. I direct that such annuity be of the so-called ‘refund annuity type’ and that, if possible, payments thereunder shall commence when he shall attain the age of forty years and shall continue for his life. * * * I also direct, that, if possible, the proceeds and corpus of said annuity shall IN NO WAY be subject to anticipation or assignment on the part of my said son, nor shall the corpus thereof be available to him or to any of his creditors. * * *

‘ I make this provision for my said son so that he will always be assured of a sum certain come what may. * * *

‘Fourth: I give, devise and bequeath all the rest, residue and remainder of my estate, of which I may die seized or possessed, or to which I may be entitled at the time of my death, of whatsoever nature, real, personal or mixed, and wherever situated, to my daughter, Marjorie M. Hannan, for her own use and benefit forever.

‘Fifth: If any person shall object to or contest the probate of this will, or any part thereof, or attempt to set aside the probate of said will, or any part thereof, or attempt to have the said will, or any part thereof, adjudged to be invalid or inefficient, or attempt to modify any provisions of said will, or file a claim against my estate, any devise or bequest or annuity given to such person shall be thereby revoked and annulled, and become and be of no effect, and such person shall receive no part of or benefit from my estate and property, and annul every such devise, bequest or annuity annul every such devise, bequest or annity hereby given to such person.’

The daughter, Marjorie Hannan (Kemp), who was named executrix, presented the will for probate in Wayne county. The sons, William and Fredrick, filed objections to its admission on the ground that their mother had been induced to make and execute the will by the fraud, coercion, and undue influence of their sister Marjorie. On petition of contestants the matter was certified to the circuit court and a jury was demanded. At the close of contestants' proofs, and again at the close of all proofs, the proponent moved for a directed verdict in her favor. The trial court reserved decision on both motions and submitted the case to the jury, which returned a verdict against the will. Proponent's motion for judgment non obstante veredicto was denied, and judgment was entered disallowing the will. Proponent's motion for a new trial was denied, and she appeals.

When the mother, Amanda Hannan, executed the will in question, she was about 73 years of age. At that time Marjorie was 45 years old, William 41, and Fredrick 33. In the paragraph of the will giving William $2,000, the mother expressly stated: ‘The omission on my part to further provide for my said son is intentional.’ In the paragraph providing for an annuity for Fredrick she stated: ‘I make this provision for my said son so that he will always be assured of a sum certain come what may.’ She gave the residue and remainder of her estate to her daughter Marjorie. The burden was on the contestant sons to establish their claim that the mother was induced to make and execute the will by the fraud, coercion or undue influence of their sister Marjorie. In re Livingston's Estate, 295 Mich. 637, 295 N.W. 343;In re Reed's Estate, 273 Mich. 334, 263 N.W. 76;In re Shepard's Estate, 161 Mich. 441, 126 N.W. 640;In re Loree's Estate, 158 Mich. 372, 122 N.W. 623.

The record establishes that the mother was an energetic, capable, and strong-willed woman; that she had assisted her husband in making investments; and that after his death she capably managed her own property and business affairs. A doctor, who knew the family well, testified that she ‘was always a well composed woman * * * a good wife and housekeeper * * * a strong-willed woman.’ A friend of the family, who was engaged in the real-estate business, stated: ‘The mother, Amanda Hannan, was strong-willed, a very distinguished and intelligent woman.’ Another friend who had known the family for about 20 years testified: ‘I would say Mrs. Hannan was a woman who made up her own mind and held to her resolves.’ William Hannan testified: ‘My mother was of the * * * old school type, with very strict moral ideas,’ It should be noted that no question is raised on this appeal regarding the mother's testamentary capacity.

The daughter Marjorie had resided with her parents prior to her father's death, and thereafter she continued to live with her mother until her death. She devoted many years of her life to assisting and caring for her mother, was her almost constant companion, and did not marry until shortly before her mother's death. A friendly and affectionate relationship existed between them. Mr. Erwin Springman, assistant trust officer of the Detroit Trust Company, who had known the mother for about 15 years and who witnessed her will, testified in part:

‘She (mother) made the remark that * * * she felt that Marjorie had given up her whole life for her; she * * * said that Marjorie had been a marvelous daughter and really her only purpose in living. * * *

‘Mrs. Hannan said that she wanted her estate primarily to go to her daughter in return for her faithful services to her.’

The nurse who attended the mother in the hospital during her last illness testified:

‘Mrs. Hannan said she had been a widow for 15 years and that Marjorie had afforded her much happiness and included her in all her trips * * * and very seldom left her alone. * * *

‘At the time Mrs. Hannan expired in the hospital Mr. and Mrs. Kemp and myself were present. * * * Neither William nor Fred was at the hospital or in the hospital room that afternoon or * * * evening of the day she expired. They just wished to be called when she expired.’

A business man who knew the mother testified: ‘Mrs. Hannan always told us that Marjorie was a very dutiful daughter. * * * She spoke very highly of her on all occasions. She told us that she had taken up all Marjorie's life.’ A friend who had known the mother for 27 years said: ‘The mother told me Marjorie * * * sacrificed her life to take care of her.’ Another acquaintance of the mother testified: ‘In my acquaintance with Mrs. Hannan and her daughter Marjorie, Mrs. Hannan told me she regretted that Marjorie had not married because she felt that it was her devotion to her which had prevented her, possibly from so doing. She said that Marjorie was very devoted to her; that on every occasion that she needed anything done for her or wished to be taken any place, that Marjorie always sacrificed her own pleasure or anything that she might want to do to take care of the mother's wants.’

In support of his objections to the admission of the will, the son William testified in considerable detail regarding the childhoodquarrels between him and his sister Marjorie and regarding her criticism of himself, his wife, and his friends. It appears William had been a rather ungovernable youngster and had caused his parents trouble and worry. After he was grown, he continued to quarrel with his parents and sister, and there was testimony that he struck and fought with his father, slapped his sister, and on two or more occasions struck his mother. When he was about 19, trouble arose between him and his parents over his association with a certain girl. As a result of this trouble he left college at the end of his first year and shortly thereafter left the home of his parents and married the girl. For many years he remained away from his parents' home and showed little or no interest in them. Frank Hannan, the husband of testatrix and the father of Marjorie, William, and Fredrick, died in 1927. Prior to his death he had suffered a mental breakdown, and petitions had been filed for his commitment as an insane person and for the appointment of a guardian of his estate. William opposed his mother in connection with her efforts to have a guardian appointed for the father, and after his father's death he strenuously opposed his mother in connection with the administration and distribution of the estate. In the course of the litigation with his mother over the father's estate, a settlement was made whereby the sons William and Fredrick and the daughter Marjorie each received about $88,000 in money and securities. This trouble over the father's estate appears to have accentuated the strained relationship between William and his mother. In 1934 William wrote his mother, stating in part:

‘I am sorry that you didn't care to see me when I called at the house this morning. * * * After all of the trouble and bitterness of ten years ago, with the family split asunder and dad passing on, you perhaps do not choose to forgive or forget. However,...