IN RE ESTATE OF HODTUM

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Docket Number

No. 71-482.

Attorney(S)

Kiernan Reams, St. Petersburg, for appellant. George D. Kickliter, St. Petersburg, for appellee.

Judges

HOBSON, Acting Chief Judge.

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Smart Summary

Factual and Procedural Background

The decedent executed two wills in 1968. The first, dated February 2, 1968, requested a Masonic burial, granted a life estate in his home to his brother, and left the remainder of his estate to the appellee, Nova Casesarea Harmony Lodge No. 2, a Masonic lodge. The second will, dated July 16, 1968, deleted the request for a Masonic burial, maintained the life estate to his brother, but left the remainder of his estate to the appellant, Ohio Mechanics Institute.

The county judge revoked the probate admission of the July 16, 1968 will, concluding that although the testator was generally mentally competent, he suffered from an insane delusion regarding his Masonic membership. This delusion, which had no factual basis, caused him to make the new will, which he would not have made but for that delusion, rendering the will invalid.

The appellant appealed the county judge's order revoking the will. The District Court of Appeal of Florida, Second District, reviewed the matter and affirmed the revocation.

Legal Issues Presented

Whether the testator suffered from an insane delusion at the time of executing the July 16, 1968 will that invalidated his testamentary capacity.
Whether the insane delusion regarding the testator's alleged expulsion from the Masonic lodge was the cause of making the new will.
Whether the evidence supported the county judge's conclusion to revoke the probate of the July 16, 1968 will.

Arguments of the Parties

Appellant's Arguments

The appellant contended that to establish an insane delusion, it must be shown that the testator's belief was not based on any reasoning.
Appellant relied on Moses v. Rainey to argue that if there is any reasonable basis for the belief, an insane delusion is not established.

Appellee's Arguments

This information was not available in the provided opinion.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Hooper v. Stokes, 107 Fla. 607, 145 So. 855 (1933)	Definition of an insane delusion as a persistent false belief with no basis in reality, arising from a diseased mind.	The court used this definition to determine that the testator's belief about his Masonic membership was an insane delusion invalidating the will.
In re Estate of Supplee, 247 So.2d 488 (Fla.App. 1971)	Established that a will executed as a result of an insane delusion lacks testamentary capacity and is invalid.	Supported the court's conclusion that the July 16, 1968 will was invalid due to the testator's insane delusion.
Moses v. Rainey, 241 So.2d 442 (Fla.App. 1970)	Requirement that a belief must lack any reasonable basis to be considered an insane delusion.	The court agreed that an insane delusion must be shown to be without any basis in reasoning, distinguishing this case from Moses where a reasonable basis existed.

Court's Reasoning and Analysis

The court examined the evidence that the decedent believed he had been expelled ("kicked out") from the Masonic lodge, which motivated the execution of the July 16, 1968 will substituting the appellant for the appellee as beneficiary. The decedent's attorney and others provided undisputed evidence that the decedent was a member in good standing and had never been expelled or charged. Despite this, the decedent persisted in his belief without any factual basis and refused to disclose any source for his information.

The court applied the legal definition of an insane delusion as a fixed false belief with no factual foundation, arising from a diseased mind, and recognized that such a delusion, if it causes the making of a will, invalidates the testamentary act. The county judge's finding that the delusion was the cause of the new will and had no basis in fact was supported by the record.

Consequently, the court concluded that the July 16, 1968 will was invalid because it was the product of an insane delusion, and affirmed the revocation order.

Holding and Implications

The court affirmed the order revoking the probate admission of the July 16, 1968 will.

The direct effect of this decision is that the July 16, 1968 will is invalidated and the earlier will remains effective. The court did not establish any new legal precedent but reaffirmed established principles regarding insane delusions and testamentary capacity.

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IN RE ESTATE OF CLARENCE W. HODTUM, DECEASED. OHIO MECHANICS INSTITUTE, APPELLANT, v. NOVA CASESAREA HARMONY LODGE NO. 2, FREE AND ACCEPTED MASONS, APPELLEE.

HOBSON, Acting Chief Judge.

Appellant appeals an order of the county judges court which revoked the admission to probate of the last will and testament of the decedent executed on July 16, 1968.

On February 2, 1968, the decedent executed a will wherein he requested a Masonic burial, a life estate to his home to his brother and the rest, residue and remainder of his estate to the appellee herein. In the July 16, 1968 will the decedent deleted the request for a Masonic burial, again left a life estate in his home to his brother, and the rest, residue and remainder to appellant, Ohio Mechanics Institute.

The county judge in his order revoking the July 16, 1968 will gave as his reason therefor:

"Wherefore, it is the conclusion of this Court that at the time of execution, July 16, 1968, the testator was in a general way mentally competent to execute a Will. However, he was suffering from an insane delusion in regards to his Masonic membership, which delusion had no basis in fact and was the cause of making a new Will that he would not have made but for that delusion and the new Will, being the result of said delusion, is therefore, invalid,".

In Hooper v. Stokes, 107 Fla. 607, 145 So. 855 (1933), an insane delusion was defined as follows:

"An insane delusion has been defined as a spontaneous conception and acceptance as a fact, of that which has no real existence except in imagination. The conception must be persistently adhered to against all evidence and reason. It has also been defined as a conception originating spontaneously in the mind without evidence of any kind to support it, which can be accounted for on no reasonable hypothesis, having no foundation in reality, and springing from a diseased or morbid condition of the mind. . . ."

It is well settled that a will should be held invalid for lack of testamentary capacity if it is executed as a result of an insane delusion; In re Estate of Supplee, 247 So.2d 488 (Fla.App. 1971).

In the instant case the decedent in his first will requested a Masonic burial and left the rest and residue of his estate to the appellee, a Masonic lodge. Prior to executing his last will, decedent, on July 2, 1968, went to the office of his attorney who drew the prior will and requested him to draw a new will substituting the appellant for the appellee because he had been kicked out or was black-balled by the Masons. On this day decedent's attorney advised him that he had received a letter a few days earlier from the appellee Masonic lodge which contained a resolution setting up a fund for the decedent's anticipated bequest contained in the February 2nd will and that there was no way in the world he could have been kicked out. Decedent refused to accept this information; whereupon his attorney called the appellee's lodge in Cincinnati, Ohio in the presence of the decedent and his stockbroker. This telephone call revealed that the decedent was not and never had been expelled from the Masons, had never had any charges leveled against him and that he was a member in good standing. Decedent, even upon this evidence, persisted in his belief that he had been kicked out of the Masons. His attorney after ascertaining that the decedent had no basis upon which to believe that he had been kicked out of the Masons, refused to draft a new will for the decedent. Thereafter another attorney drew the will of July 16, 1968.

Appellant contends that in order to establish that decedent suffered from an insane delusion his belief that he was kicked out of the Masons had to be shown that it was not based on any kind of reasoning and cites Moses v. Rainey, 241 So.2d 442 (Fla.App. 1970) as authority. We agree with this statement of the law. In Moses, supra, there was evidence which established other bases for the testatrix's belief that there was in fact a pension fund and therefore the court held that an insane delusion had not been established.

In the instant case there is no evidence to establish any basis for the decedent's belief that he had been kicked out of the Masons. Decedent had stated on occasions that he had information that he had been kicked out of the Masons but at no time would he divulge the source of his information.

The able county judge heard all of the testimony and upon his finding that the delusion had no basis in fact and was the cause of making the new will which he would not have made but for the delusion, entered his order revoking the will of July 16, 1968.

Finding no reversible error in the order appealed, it is hereby affirmed.

Affirmed.

McNULTY, J., and SACK, MARTIN, Associate Judge, concur.