Stephens County Museum, Inc. v. Swenson
| Decision Date | 21 September 1973 |
| Docket Number | No. 4574,4574 |
| Citation | 499 S.W.2d 676 |
| Parties | STEPHENS COUNTY MUSEUM, INC., et al., Appellants, v. Clara J. SWENSON et al., Appellees. |
| Court | Texas Court of Appeals |
McMahon, Smart, Sprain, Wilson, Camp & Lee, Stanley P. Wilson, Abilene, Crawford C. Martin, Atty. Gen., Robert L. Lemmens, Austin, C. J. Eden, Patrick W. Thompson, Breckenridge, J., Edward Johnson, Johnson, Slagle & Bell, Brownwood, for appellants.
Jennings, Montgomery & Dies, Frank Jennings, Graham, Harrell & Thompson, W. G. Thompson C. J. O'Conner, Breckenridge, for appellees .
Appellees have correctly stated the nature of this case as follows:
The first eight special issues and the jury's answers are as follows:
'Special Issue No. 1--A
Do you find from a preponderance of the evidence that at the time of making the first $50,000.00 contribution to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, were acting under undue influence as that term has been defined?
Answer 'Yes' or 'No.'
Answer: No
Do you find from a preponderance of the evidence that at the time of making the first $50,000.00 contribution to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not understand the nature and subject matter of the transaction and the consequences of their act in making such contribution?
Answer 'They did not understand,' or 'They did understand.'
Answer: They did understand
Do you find from a preponderance of the evidence that at the time of making the second contribution of approximately $50,000.00 to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, were acting under undue influence as that term has been defined?
Answer 'Yes' or 'No.'
Answer: Yes
Do you find from a preponderance of the evidence that at the time of making the second contribution of approximately $50,000.00 to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not understand the nature and subject matter of the transaction and the consequences of their act in making such contribution?
'Answer 'They did not understand,' or 'They did understand.'
Answer: They did not understand
Do you find from a preponderance of the evidence that at the time of executing the deed dated July 14, 1970, conveying 1761 acres of land to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, were acting under undue influence, as that term has been defined?
Answer 'Yes' or 'No.'
Answer: Yes
Do you find from a preponderance of the evidence that at the time of executing the deed dated July 14, 1970, conveying 1761 acres of land to Stephens County Museum, Inc., the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not understand the nature and subject matter of the deed and the consequences of their act in signing such deed?
Answer 'They did not understand,' or 'They did understand.'
Answer: They did not understand
Do you find from a preponderance of the evidence that at the time of executing the deed dated November 5, 1970. conveying approximately 5777 acres of land and all other mineral rights owned by the plaintiffs in Stephens County, Texas, to the defendant Trustees, the plaintiffs, Clara J. Swenson and Alma B. Swenson, were acting under undue influence, as that terms has been defined?
Answer 'Yes' or 'No.'
Answer: Yes
Do you find from a preponderance of the evidence that at the time of executing the deed dated November 5, 1970, conveying approximately 5777 acres of land and all other mineral rights owned by the plaintiffs in Stephens County, Texas, to the defendant Trustees, the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not understand the nature and subject matter of the deed and the consequences of their act in signing such deed?
Answer 'They did not understand,' or 'They did understand.'
Answer: They did not understand
Do you find from a preponderance of the evidence that at the time of executing the Declaration of Trust dated November 19, 1970, the plaintiffs, Clara J. Swenson and Alma B. Swenson, were acting under undue influence, as that term has been defined?
Answer 'Yes' or 'No.'
Answer: Yes
Special Issue No. 5--b
Do you find from a preponderance of the evidence that at the time of executing the Declaration of Trust dated November 19, 1970, the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not understand the nature and subject matter of the Declaration of Trust and the consequences of their act in signing such Declaration of Trust?
Answer 'They did not understand,' or 'They did understand.'
Answer: They did not understand
Do you find from a preponderance of the evidence that the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not place the deed dated July 14, 1970. conveying 1761 acres of land to Shephens County Museum, Inc., in the control of Stephens County Museum, Inc., with the intention that it should become operative as a conveyance of the land therein described?
Answer 'They did not,' or 'They did.'
Answer: They did not
Do you find from a preponderance of the evidence that the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not place the deed dated November 5, 1970, conveying approximately 577 acres of land and all other mineral rights owned by the plaintiffs in Stephens County, Texas, to the defendant Trustees, in the control of the defendant Trustees with the intention that it should become operative as a conveyance of the land therein described?
Answer 'They did not,' or 'They did.'
Answer: They did not
Do you find from a preponderance of the evidence that the plaintiffs, Clara J. Swenson and Alma B. Swenson, did not place the Declaration of Trust dated November 19, 1970, in the control of the defendant Trustees with the intention that it should become operative as a trust agreement?
Answer 'They did not,' or 'They did.'
Answer: They did not'
The appellants conten there is no evidence to support the findings of the jury to all the undue influence issues except the first ones wherein the jury found that the Swensons were not acting under undue influence when they made the first $50,000.00 contribution and that they understood the nature and subject matter of the transaction.
The Swenson family has resided in Stephens County for approximately ninety years. S. T. Swenson has passed on to his reward since the trial. Clara and Alma are the only survivors of the six children of Peter and Christina Swenson. At the time of trial, Clara was 92 and Alma was 84 and their brother, S.T., was 95. The Swenson family was very conservative and lived the good life on the ranch. Clara and Alma had been schoolteachers but were never married and had no children.
Clara J. Swenson testified substantially as follows:
Until a few months ago, my brother, S. T. Swenson, was in charge of my ranchland and money and had been for about 40 years. During this time, it was my custom to sign checks and other papers that he recommended. I made checks payable to the museum totaling $46,625.00, 'because my brother wanted me to.' I would not have made the checks to the museum if he had not asked me to do so, and I want to get my money back from the museum. I did not realize that the $46,625.00 took all my cash savings and bonds. On July 14, 1970, my sister and I executed a deed conveying to the museum approximately 1761 acres of our land. I signed this deed 'because my brother wanted me to.' I would not have signed the deed if S. T. had not instructed me to do so.
I did not understand that by signing the deed we were giving away 1761 acres of our land to the museum and I did not intend to do so and I want it back. I signed the deed to my home and approximately 5777 acres of land on November 5, 1970, 'because my brother wanted me to.' S. T. told me to sign the deed and I would not have signed it otherwise. I did not understand that by signing the deed we were transferring our home and 5777 acres of our land to the trustees and I did not intend to do so and I want to get my home back from the trustees.
The trust instrument of November 19, 1970, which my sister and I signed that placed our brother and the other trustees in control of our home and the 5777 acres of land, was signed by me 'because my brother wanted me to do so'. My brother told me to sign the trust instrument. I would not have...
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Stephens County Museum, Inc. v. Swenson
...of the non-profit organization in conjunction with the second conveyance. The court of civil appeals, by a majority opinion, affirmed. 499 S.W.2d 676. The court held that the initial deed conveying a trust of land to the Stephens County Museum was not delivered with the intention that it sh......