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In re Estate of Smaling, 80 A.3d 485, 2013 PA Super 294

Facts

William O. Smaling died on December 31, 2009, leaving behind his widow Norine and two adult sons. A will dated April 11, 2005 was admitted to probate, which left a specific bequest to Norine and divided the residue between the sons. Norine later sought to probate a will dated October 29, 2008, which left everything to her. The Orphans' Court found that William lacked testamentary capacity when he executed the 2008 will and that Norine exerted undue influence over him. Norine appealed this decision.

Decedent died on December 31, 2009, a resident of Chestnuthill Township, Monroe County, survived by his second wife of approximately twelve years, Norine, as well as two adult sons, William O. Smaling, Jr. (“William”) and Wayne Smaling (“Wayne”).

Issue

Did the Orphans' Court err in finding that the Decedent lacked testamentary capacity at the time of executing the 2008 will, and was there sufficient evidence to support the finding of undue influence by Norine?

Did the Superior Court panel opinion err in holding that the issues on appeal were waived for non-compliance with Pa.O.C.R. 7.1?

Rule

Testamentary capacity exists when the testator has intelligent knowledge of the natural objects of his bounty, the general composition of his estate, and what he or she wants done with it. Undue influence requires clear and convincing evidence that the testator suffered from a weakened intellect, was in a confidential relationship with the proponent of the will, and that the proponent received a substantial benefit under the will.

Testamentary capacity exists when the testator has intelligent knowledge of the natural objects of his bounty, the general composition of his estate, and what he or she wants done with it, even if his memory is impaired by age or disease.

Analysis

The Superior Court found that the Orphans' Court erred in its conclusion regarding testamentary capacity, as the evidence presented, particularly the testimony of Attorney Khalil, indicated that the Decedent was aware of his actions when executing the 2008 will. However, the court upheld the finding of undue influence, noting that Norine received a substantial benefit from the 2008 will and that the Decedent's mental state had been deteriorating, which supported the claim of undue influence.

Upon careful review of the record, we feel constrained to conclude that the Orphans' Court erred in finding that Decedent did not possess the requisite capacity to execute his will on the date in question.

Conclusion

The Superior Court reversed the Orphans' Court's finding of lack of testamentary capacity but affirmed the finding of undue influence, thereby upholding the 2005 will as the valid testamentary document.

Accordingly, because Norine properly preserved her weight claim and Judge Miller is permanently unavailable to review it, we will do so here.

Who won?

William O. Smaling's estate prevailed in part, as the court found that the Decedent had testamentary capacity when executing the 2008 will but upheld the finding of undue influence against Norine.

The Superior Court, No. 3353 EDA 2011, Lazarus, J., held that: 1 testator's widow adequately preserved for appellate review her claims challenging the weight of the evidence; 2 evidence was insufficient to support finding that testator lacked testamentary capacity when he executed after discovered will; and 3 evidence supported finding that testator's widow exerted undue influence over testator.

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