Lemke v. Schwarz
Minnesota Supreme Court
286 N.W.2d 693 (1979)
- Written by Rich Walter, JD
Facts
The day before he died, the father of Denise Schwarz Lemke and Debora Schwarz (daughters) (plaintiffs) sent his daughters a handwritten letter, which the father described as his will. In the letter, the father clearly expressed his desire that the proceeds of his two life-insurance policies pass to his daughters rather than to the policies’ named beneficiary, Bernadine Schwarz (wife) (defendant), to whom the father had been married less than one year. Following their father’s death, the daughters sued the wife to enforce the terms of the letter, even though the letter was neither legally binding as a will nor in full compliance with the insurance policies’ procedures for changing beneficiaries. The insurers, who were not parties to the case, deposited the policy proceeds in a trust account pending the case’s outcome. Trial evidence confirmed the letter insofar as it stated that relations between the father and his wife were not good. The trial court made no findings as to the legal effect of the letter or the father’s intent in writing it. Nevertheless, the trial court ruled that the wife, as the named beneficiary, was entitled to the insurance proceeds. The daughters appealed to the Minnesota Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Kelly, J.)
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