Laabs v. Hagen

• Decision Date: 21 December 1945
• Docket Number: No. 34070.,34070.
• Citation: 221 Minn. 89,21 N.W.2d 91
• Parties: LAABS v. HAGEN.
• Court: Minnesota Supreme Court

21 N.W.2d 91

221 Minn. 89

LAABS v. HAGEN.

No. 34070.

Supreme Court of Minnesota.

December 21, 1945.

Appeal from District Court, Yellow Medicine County; G. E. Qvale, Judge.

Action by Ella Anderson Laabs against Irene Lucille Hagen, also known as Lucille Hagen, to set aside a deed on ground that it was procured through undue influence. From an adverse judgment, plaintiff appeals.

Judgment affirmed.

R. M. Saltness, of Dawson, and Ernest F. Jacobson, of Minneapolis, for appellant.

Salmer N. Knutson, of Granite Falls, for respondent.

YOUNGDAHL, Justice.

Action to set aside a deed on the ground that it was procured through undue influence. After an adverse decision, plaintiff moved for amended findings of fact and conclusions of law, and appealed from an order denying the motion. Upon discovering that no appeal would lie from that order, plaintiff dismissed the appeal, entered judgment, and appealed therefrom.

The facts are these: Lena Jorgenson (hereinafter called decedent), a resident of Canby, died testate on June 29, 1943, at the age of 81 or 83 years.¹ Her husband predeceased her, having died some time prior to 1936. For some time prior to the execution of the deed in question, decedent was the owner of a house and two lots located in Canby, which property was conveyed by the deed. This property had been used by decedent and her husband as their homestead for many years and had an approximate value of $2,500. At her death, decedent possessed personal property which the court found was worth not less than $6,000. There was no issue of the marriage of decedent and her husband. However, five nephews and nieces survived decedent, one of whom is the plaintiff herein. Defendant is the daughter of a nephew of decedent's husband. She was described as a foster daughter in decedent's will and was so regarded by decedent and her husband from the time she was taken into their home at eight or nine years of age. She was reared by them until her marriage, a number of years before decedent's death.

On April 23, 1942, decedent made a will (revoking a previous will in which defendant was the sole beneficiary), in which she gave plaintiff and defendant all her property in equal shares. This will has been allowed and admitted to probate. Subsequent to the execution of the will, decedent was taken to Minneapolis, where she was operated on for a cancerous condition. Thereafter her condition improved, but in February 1943 she suffered a relapse, and from that time until her death on June 29, 1943, she was confined to her home and gradually became physically weaker, although she was not bedridden until a few days before her death.

On April 12, 1943, the deed in controversy was executed whereby decedent conveyed to defendant the property in question, reserving to herself a life estate therein. At the time this deed was executed, decedent was not strong physically, but her mind was clear except for periods of forgetfulness characteristic of old age. Shortly before the deed was executed, decedent informed defendant that she wanted to see H. D. Lueders, cashier of the National Citizens Bank of Canby. Defendant then communicated with Lueders, who went to decedent's home. When Lueders learned that she wanted to execute a deed, he told her that banks are not permitted to draw deeds and that it would be necessary for her to secure the services of an attorney. Decedent then requested Lueders to communicate with O. J. Ostensoe, an attorney of many years' practice and an acquaintance of long standing of the family, for the purpose of having a deed drawn. Accordingly, Lueders telephoned Ostensoe or went to his office, and they both went to decedent's home and discussed the matter of the execution of a deed. Thereupon they went to Ostensoe's office, prepared the deed, and returned to decedent's home, where it was executed. Decedent was sitting up in bed when the deed was read to her. Lueders described what happened as follows:

"Mrs. Jorgenson was sitting up in bed. Attorney Ostensoe read the deed to her and asked her distinctly whether that was her wishes and she said it was, whereupon she proceeded to get out of bed, sit down on a chair at the table and signed the deed."

Ostensoe and Lueders signed as witnesses, and Ostensoe acknowledged the deed. Both testified that decedent's mind was clear and rational when she signed the deed. Lueders also testified that she transacted her business competently until her death. Ostensoe further testified that no suggestions were made by an outsider at the time of the execution of the deed, that no reason appeared why decedent should not execute a deed, and that he "couldn't see anything out of the way with her mental condition."

1. On appeal from a judgment after trial by the court, no motion for a new trial having been made and no errors in rulings or proceedings at the trial being involved, the questions for review are limited to a consideration of whether the evidence sustains the findings of fact and whether such findings sustain the conclusions of law and...