In re Estate of Raney

Carl Edward Raney (known as Tag) was an alcoholic with anger problems. Tag’s wife, Rosa Lee Raney (Lee), divorced Tag in 1981 after decades of marriage because Tag’s alcoholism caused him to be physically and verbally abusive. Tag’s children with Lee, Virginia Cauthorn, Carl A. Raney, and Wayne L. Raney (collectively, Tag’s children) (plaintiffs), suffered abuse at Tag’s hands as well. Tag’s alcoholism escalated over the years, and he became unable to manage his financial affairs. Tag’s children obtained a conservatorship of Tag in 1985. Tag was angry, believing his children obtained the conservatorship to preserve his assets for their inheritance. Between 1985 to 1987, Tag was in treatment for his alcoholism and anger. Tag saw a psychiatrist, Dr. Bellows-Blakely. Dr. Bellows-Blakely concluded Tag had the capacity to manage his own affairs if he shifted his thoughts from his desire for revenge against his family to putting his life together. In 1987, while Tag was in jail, he executed a will. Tag’s will was drafted by his attorney, Evan Nightingale. Before Tag executed the will, Nightingale had Tag discuss his property and family. The will was witnessed by Nightingale’s partner, Shirley Kyner. Also present during the will’s execution were Stanton County Sheriff Garrison and Deputy Sheriff Rayna Jo Brown. All present later testified that Tag was of sound mind and competent at the time the will was executed. Tag’s will left only $25 to each of his children, and his remaining estate was left to his sisters (defendants). Tag died in 1988. Tag’s children challenged the 1987 will, arguing that Tag was under an insane delusion that his children had only established the conservatorship so that they could preserve his estate for themselves. The trial court agreed and found that Tag lacked testamentary capacity. Tag’s sisters appealed.