Erickson v. Olsen
2014 ND 66
| N.D. | 2014Background
- Clarence Erickson, stepchildren include Dean Olsen, Sue Olsen, Bobby Olsen, Clee Raye Olsen, and Marion Bergquist; Curtis Erickson (son) sues to rescind transfers and invalidate will after discovering irregularities.
- Clarence and Clara Olsen were long-time farmers; Clara’s death in 2009 preceded the contested transfers.
- From 2009–2010, Clarence was credibly assisted by Sue Olsen who wrote checks, including some to herself, and two others to Dean Olsen; transfers were alleged to be improper.
- In 2010, Clarence executed two warranty deeds transferring land to Bobby and Dean for $200/acre, far below market value, while living with Dean/Sue under frequent supervision.
- Temporary guardianship was granted to Curtis Erickson in October 2010 due to dementia concerns; Clarence later died in December 2010.
- The district court found undue influence and lack of capacity, denied Rule 52(b) amendments, later amended to reimburse transfers; appellate review upheld the findings and dismissed the Rule 52(b) appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether undue influence invalidated the will and transfers | Erickson (Curtis) argues undue influence evidenced. | Olsen/Bergquist contend no undue influence was proven. | Not clearly erroneous; undue influence found. |
| Whether Clarence lacked testamentary capacity when executing the will | Clarence lacked sufficient mind and memory to execute the will. | Defendants contend capacity existed at execution. | Not clearly erroneous; lack of testamentary capacity found. |
| Whether Clarence lacked capacity to transfer money and real property | Mental incapacity invalidates the transfers. | transactions valid despite age/illness. | Not clearly erroneous; lack of capacity found. |
| Whether the district court correctly applied 52(b) to amend findings | Rule 52(b) error in denying amendments. | Amendments properly denied; error not shown. | Appeal of Rule 52(b) order dismissed. |
Key Cases Cited
- Estate of Wenzel-Mosset by Gaukler v. Nickels, 575 N.W.2d 425 (ND 1998) (testamentary capacity and mental capacity standards)
- Matter of Estate of Wagner, 551 N.W.2d 292 (ND 1996) (burden of proving testamentary incapacity)
- Estate of Robinson, 609 N.W.2d 745 (ND 2000) (clearly erroneous standard for undue-influence findings)
- Stormon v. Weiss, 65 N.W.2d 475 (ND 1954) (testamentary capacity criteria)
- Estate of Dion, 623 N.W.2d 720 (ND 2001) (testamentary capacity factors and burden)
- In re Estate of Stave, 729 N.W.2d 706 (ND 2007) (undue-influence framework)
- Matter of Estate of Polda, 349 N.W.2d 11 (ND 1984) (undue-influence not based on mere motive)
- Johnson v. Johnson, 85 N.W.2d 211 (ND 1957) (definition of undue influence in non-testamentary context)
- Sulsky v. Horob, 357 N.W.2d 243 (ND 1984) (three-factor test for undue influence in some contexts)
- Kronebusch v. Lettenmaier, 311 N.W.2d 32 (ND 1981) (undue-influence framework precedent)