In re Estate of Burkland

Lawrence Einar Burkland’s wife, Lenore Burkland, died in August 1969. In 1938 Lawrence and Lenore both executed wills. If Lenore did not survive him, Lawrence’s will left half his estate to his brother, Bert Burkland (plaintiff), and the other half to Lenore’s brothers, George and Robert Anderson. In October 1969, Lawrence executed another will, which included a specific bequest to his sister, Beda Boyle. Also in October, Lawrence renewed his acquaintanceship with Margaret Hill (defendant). Lawrence and Margaret’s relationship developed rapidly. Margaret often stayed at Lawrence’s lake house and Lawrence’s apartment. During their relationship, Margaret had access to Lawrence’s safety deposit box, and they jointly owned a $15,000 time certificate of deposit. During his relationship with Margaret, Lawrence also began avoiding his family members and friends, with whom he had previously had a close relationship. Margaret told Lawrence that Bert’s wife had made derogatory comments about Lawrence. On July 31, 1970, a relatively healthy Lawrence executed a new will, and Margaret was present at the execution. Lawrence’s new will left all of his estate to Margaret. If Margaret predeceased Lawrence, then Lawrence’s estate would be split equally between George Anderson and Margaret’s sister, Lowrane Cook. Lowrane and Lawrence had never met. Lawrence’s will was consistent with Margaret’s will and Margaret’s deceased husband’s will, which Margaret had helped develop, with respect to Lowrane. Lawrence died on September 17, 1970. Margaret began moving furniture out of Lawrence’s apartment and filed the will the next day. Bert filed a petition seeking annulment of the will, arguing in part that the will was a product of undue influence. The trial court granted the petition, and Margaret appealed.