Stacks v. Saunders

Rosemary Reeser Saunders was married to Robert A. Saunders (defendant). Rosemary and Robert had two children together, and Rosemary had two children from a prior marriage, Laura Diane Cook Stacks (plaintiff) and Charles Cook. In 1980 Rosemary found out that Robert and Charles had been having a sexual relationship, and Rosemary contacted her attorney to begin divorce proceedings against Robert. However, a month later and before Rosemary instituted divorce proceedings or changed her will, Rosemary told her attorney she had changed her mind because Robert promised to discontinue his relationship with Charles. Less than a year later, Rosemary died. Under a will Rosemary executed in 1969 while she was of sound mind, Robert was Rosemary’s sole beneficiary. Laura challenged the will in probate court, arguing that the will was obtained by undue influence and fraud. The probate court held the will was not obtained by undue influence or fraud. Laura then filed suit in the chancery court, alleging that Robert fraudulently misled Rosemary, causing Rosemary to not revoke her will, an argument that Laura did not make in the probate court proceedings. Laura’s second action set forth two causes of action: (1) a petition to set aside the probate’s court determination of the will’s validity based on extrinsic fraud; and (2) a claim for fraudulent misrepresentation. Laura presented evidence that Robert continued to pursue Charles after Robert promised Rosemary that he would not, but Robert argued that he only pursued Charles again after Rosemary’s death. The trial court found in Laura’s favor, and Robert appealed.