Sheets v. Sheets' Estate

• Decision Date: 10 October 1975
• Citation: 345 A.2d 493
• Parties: Sherwood J. SHEETS v. ESTATE of John H. SHEETS.
• Court: Maine Supreme Court

Page 493

345 A.2d 493

Sherwood J. SHEETS v. ESTATE of John H. SHEETS.

Supreme Judicial Court of Maine.

Oct. 10, 1975.

Clark & Jones, P. A. by Dennis L. Jones, Gardiner, for plaintiff.

John P. Carey, Bath, Farris & Foley, P. A. by Ralph W. Farris, Jr., Augusta, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD and DELAHANTY, JJ.

ARCHIBALD, Justice.

This is an appeal from a decision of the Supreme Court of Probate rendered on an appeal from a decision of the Sagadahoc County Judge of Probate. 4 M.R.S.A. § 401.

John H. Sheets died November 17, 1972, leaving as his only heirs-at-law and next of kin his three sons, Paul H., Guy T., and Sherwood J. Sheets. On November 21, 1972, a document purporting to be the will of the decedent dated August 29, 1972, was presented for allowance by one Doris M. Farrell, the executrix therein named. This document made a specific bequest to Paul H. and Guy T. Sheets, with the residue of the estate devised to the decedent's sister-in-law, Doris M. Farrell, and her husband, Arthur E. Farrell. The provision therein for the third son was so follows:

'I am intentionally omitting my son, Sherwood J. Sheets from this my last will and testament for the reason that I have made more provision for him during my lifetime than I did for my other two sons.'

This document was allowed by the Probate Court on June 5, 1973. In the decree the Court simultaneously dismissed a petition for probate of a prior will executed November 2, 1971, under the terms of which the decedent devised his entire estate in equal shares to his three sons and named Ralph M. Clark, testator's long time attorney, as executor.

Sherwood J. Sheets seasonably appealed to the Supreme Court of Probate, arguing that the proponent of the will had failed to prove the testamenttary capacity of John H. Sheets, or, alternatively, if such capacity existed, the will was the product of undue influence exerted by Doris and Arthur Farrell upon the testator. The Justice below decreed that testamentary capacity existed, but he reversed the decree of the Probate Court and disallowed the will on the basis of undue influence. From this decision Doris M. Farrell and Arthur Farrell have appealed.

We deny the appeal.

The appellants contend the finding and decree of the Justice below was erroneous because there was neither evidence produced nor language in the will supporting appellee's contention that the execution of the 1972 will was procured by undue influence.

The appellee contends that Arthur Farrell and Doris M. Farrell used their position as individuals caring for the testator to alienate him from his friends and family, and then to influence the execution of his will so that they would be the beneficiaries of the largest portion of his estate.

Our appellate review is governed by the well established principle of law that findings of fact of a Justice sitting in the Supreme Court of Probate are conclusive unless clearly erroneous. In Re Leonard, 321 A.2d 486, 489 (Me.1974); Fitanides v. Stickney, 161 Me. 343, 212 A.2d 209 (1965); Barton v. Beck Estate, 159 Me. 446, 195 A.2d 63 (1963); Casco Bk. & Tr. Co. and Tomuschat, Appellants, 156 Me. 508, 167 A.2d 571 (1960); M.R.C.P., Rule 52(a).

In determining whether there were facts supportive of the legal conclusion that the 1972 will was the product of undue influence we look again to settled precedent.

'By undue influence in this class of cases is meant influence in connection with the execution of the will and operating at the time the will is made, amounting to moral coercion, destroying free agency, or importunity which could not be resisted, so that the testator, unable to withstand the influence, or too weak to resist it, was constrained to do that which was not his actual will but against it.'

Rogers, Appellant, 123 Me. 459, 461, 123 A. 634, 636 (1924); Fitanides v. Stickney, supra; Thibault v. Fortin's Estate, 152 Me. 59, 122 A.2d 545 (1956).

'As has been often reiterated, the burden of proof is on the party alleging undue influence. The true test is the effect on the testator's volition. It must be sufficient to overcome free agency, so that what is done is not according to the wish and judgment of the testator.'

In Re Will of Ruth Cox, 139 Me. 261, 272, 29 A.2d 281, 286 (1942); Thibault v. Fortin's Estate, supra; Casco Bk. & Tr. Co. and Tomuschat, Appellants, supra.

Since this appeal raises no unresolved legal issues and is essentially an attack on the factual findings of the Justice below, we have reviewed the record to determine if the conclusion reached is thereby supported.

The Justice below made specific findings of fact to underlie his legal conclusions. We now quote excerpts from his findings.

'It is necessary for the Court to review the facts surrounding the relationship between the Farrells (appellants) and Mr. Sheets (testator) and the making of the new 'will.'

If the Farrells ministered any aid to Mr. Sheets prior to his entry into the hospital following his fourth stroke on July 2, 1972, this fact was unknown to Dr. Gould (testator's family physician), Sherwood Sheets, or Lloyd Hickey, ¹ Mr. Sheets' neighbor of thirty-four years. Following Mr. Sheets...