BREEDEN V. STONE 992 P.2d 1167 (2000) CASE BRIEF

BREEDEN V. STONE

992 P.2d 1167 (2000)

NATURE OF THE CASE: The court granted certiorari to address whether the probate court incorrectly applied both the 'insane delusion' and the tests for testamentary capacity and whether the probate court improperly merged the insane delusion test with the testamentary capacity elements test.

FACTS: This was a dispute over a handwritten (holographic) will executed by Spicer Breeden. Spicer died from a self-inflicted gunshot wound two days after he was involved in a highly publicized hit-and-run accident that killed the driver of the other vehicle. The police discovered on his desk a handwritten document that read: 'I want everything I have to go to Sydney Stone- 'houses,' 'jewelry,' stocks[,] bonds, clothes. P.S. I was Not Driving the Vehicle.' At the bottom of the handwritten document, the decedent printed, 'SPICER H. BREEDEN' and signed beneath his printed name. Stone (Respondent) offered the handwritten document for probate as the holographic will of the decedent. Spicer had previously executed a formal will in 1991 and a holographic codicil leaving his estate to persons other than Respondent. Breeden and others (Petitioners) alleged that he lacked testamentary capacity. The court found that the decedent used cocaine and alcohol for several years prior to his death. Relying on the autopsy report and testimony from the decedent's sister, the court found that the decedent used alcohol and cocaine on the evening of March 17 and between March 17 and 19, and that substantial alcohol was consumed proximate to the time of death. The court found that the decedent's moods were alternately euphoric, fearful, and depressed, and that he was excessively worried about threats against himself and his dog from government agents, friends, and others. After considering conflicting evidence from the various expert witnesses, the court concluded that the decedent possessed the motor skills necessary to write his will and that his handwriting on the holographic will was unremarkable when compared to other writing exemplars. Friends also testified that in the two weeks prior to his death, the decedent had indicated to each of them in separate conversations that he did not intend to leave his estate to his family. The probate court found that the stress and anxiety that compelled the decedent to commit suicide did not deprive him of testamentary capacity. The court also found that the decedent's insane delusions regarding his friends, government agencies, and others, did not affect or influence the disposition of his property. It ruled that the decedent was of sound mind at the time he executed the will. Petitioners asserted that the probate court erred by applying and merging both tests for sound mind. The court of appeals affirmed the decision of the probate court, holding that the probate court order, when read in its entirety, indicated that the probate court correctly applied the appropriate tests for sound mind and correctly applied the Dead Man's Statute. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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