131 Minn. 439 | Minn. | 1915
Appeal from a judgment of the district court of Hennepin county affirming an order of the probate court admitting to probate the will of Sarah J. Hudson.
The court, on the motion of the contestants, appellants here, framed issues relative to testamentary capacity and undue influence. The case was tried and submitted to a jury. After it had deliberated long without reaching a result the court, on the motion of the proponents of the will, the respondents here, discharged it; and, after giving opportunity for adducing further evidence, made findings in favor of the proponents pursuant to which judgment was entered. The appellants urge, among
“(a) That there is no evidence warranting the jury in finding in favor of the contestants on any of the three questions.
“(b) That if a verdict were rendered in favor of the contestants on any of said three questions, such verdict could not stand as a matter of law and must be set aside.
“(c) That it was within the discretion of the court on the trial of this ease to take the testimony with a jury present, and at the close of the trial submit or refuse to submit the questions to the jury, or, after submitting, withdraw the questions from the jury before verdict and make its own findings of fact.”
The court announced that the motion would be granted and called in the jury. Upon inquiry it appeared that it had not agreed and after some few remarks it was discharged. The court then stated that it would make its own findings instead of taking a verdict, and that both parties would have an opportunity to offer further evidence, and such opportunity was given them.
The question is directly presented whether the trial court, after issues are framed, and after the evidence is introduced, and after the jury has retired, but before it has agreed upon a verdict, has the power, in the exercise of its discretion, to withdraw the issues and discharge the jury and itself make findings. We are of the opinion that it has.
In Smith v. Barclay) 54 Minn. 47, 55 N. W. 827, the issue was as to the ownership of moneys in the hands of a garnishee. A jury was impanelled for the trial of “special issues only,” though none were then
“It can hardly be necessary to add that, if the case was triable by the court, if, from the developments on the trial, the judge changed his mind, and concluded that it was inexpedient to submit any specific questions to a jury, there was no error in discharging the jury and trying the case himself.”
In Grattan v. Rogers, 110 Minn. 493, 126 N. W. 134, a will contest, the question was whether the trial judge was justified in withdrawing the case from the jury and making its own findings of fact instead of taking the verdict of the jury. There the motion was made at the close of the ease, on the ground that there was no evidence of incompetency and undue influence, and it was granted. The majority of the court were of the opinion that there was no evidence for a jury. That opinion was determinative of the appeal. This statement was made:
“A minority of the court, of which the writer is one, is of opinion that the trial court could in its discretion take the testimony with a jury present, and at the close of the trial in his discretion submit or refuse to submit the matter to the jury, and that no abuse of discretion appeared in this ease. The conclusion that the ruling of the trial court must be affirmed follows from either view of practice.”
The quotation is cited by counsel as an implication of a majority view to the contrary. It does not seem necessary to be so; but, however it may be, we are of the opinion that at any time before verdict the court may, in the exercise of a sound discretion, withdraw the issues and discharge the jury and itself try the case and make findings. If the jury had disagreed and had been discharged the court might, in its discretion, have refused to submit the issues to a second jury. Shapira v. D’Arcy, 180 Mass. 377, 62 N. E. 412; Keithley v. Keithley,. 85 Mo. 217; Farmer v. Stillwater Water Co. 108 Minn. 41, 121 N. W. 418. It is true that, if the jury had found upon the questions submitted, the finding would have been binding upon the trial court unless set aside for cause. Buzalsky v. Buzalsky, 108 Minn. 422, 122 N. W. 322, and cases
The only embarrassment that comes in reaching the conclusion announced arises because of the first two grounds of the motion. The record shows that the motion was granted, and the findings recite that it was granted on all three grounds. The motion was not to direct the jury to find a specified way upon the issues. Such a motion could not have been granted, for there was some evidence of lack af testamentary capacity. There was none of undue influence sufficient to sup.port an affirmative finding. Bearing in mind that the contestants had no constitutional nor statutory right to have these issues submitted to a jury, we think the court’s order withdrawing them was not erroneous, even though one of the grounds of the motion was not alone such as to justify its action. Though it assumed that there was no evidence to go to the jury upon the question of testamentary capacity, when it granted the motion, it was within its discretion to withdraw the issues.
Testatrix was an elderly lady some 76 years old in 1912, when the will was made. She lived on Nicollet avenue near Twelfth street, in the city of Minneapolis, in a modest house and in humble circumstances.
The testatrix was aged and feeble. She had the infirmities and weaknesses and peculiarities natural to old age. She was not mentally or physically so active in her later years and was declining. She did not see well, her memory was not good, and she probably was flighty at times and perhaps without clear comprehension and doubtless her mind wandered. She had no business experience. She lived alone without very intimate friends, in a narrow circle, and was lonely.
The women of her church took an interest in her for many years, and this interest the contestants claim was selfish. The women in charge of the Jones-Harrison home took an interest in her. The contestants claim that this was with the notion of finally getting her property for the home. She was put upon the board of directors and continued thereon for many years when her services could not have been of valuable use. Dr. Murray, her nephew, looked after her affairs to a considerable extent and she relied upon him. The evidence of undue influence does not arise to the dignity of proof justifying a finding invalidating the will.
“Undue influence, such as will invalidate a will, must be something which destroys the free agency of the testator at the time when the instrument is made, and which, in effect, substitutes the will of another for that of the testator.”
The same case gives this test of testamentary capacity:
“The test as to what constitutes a sound and disposing mind is that the testator shall understand the nature of the act and its effect; that is, shall understand the extent of the property of which he is disposing, and be able to comprehend and appreciate the claims of others upon his bounty to which he ought to give effect. Soundness of mind, such as will enable a person to make a will, has relation to the business to be transacted, viz., the disposition of his property. He must be able to understand and carry in his mind in a general way the nature and situation of his property, and his relations to those who would naturally have some claim to his remembrance.”
See in re Nelson’s Will, 39 Minn. 204, 39 N. W. 143; Mitchell v. Mitchell, 43 Minn. 73, 44 N. W. 885; Hammond v. Dike, 42 Minn. 273, 44 N. W. 61, 18 Am. St. 503.
Applying these tests to the evidence there should be no question of undue influence. Neither is there a serious question of testamentary capacity. The testatrix had in mind her property and those who might have some natural claims to her bounty. She knew what she wanted to do with her property and insisted upon doing it. In the matter of the monument she was insistent to the point of obstinacy.
We have carefully considered all of the testimony offered by contestants. In general it consists of testimony of witnesses familiar with
We have examined the rulings on evidence of which complaint is made. We find no substantial or prejudicial error.
Judgment affirmed.