HomeMy WebLinkAbout05-12-05
INRE:
: IN THE COURT OF COMM
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
ELEANOR U. COOLIDGE,
DECEASED
: NO. 21-03-936
: JURY TRIAL DEMANDED
RECEIVED APR 28 Z005
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PETITIONER'S PROPOSED FINDINGS OF FACT
]. Eleanor U. Coolidge, testatrix, died on March 24,2004 at the age of 75.
2. Eleanor U. Coolidge had been married to Warren Coolidge who died on July ]4,
2001.
3. Warren and Eleanor Coolidge had three (3) children, namely Philip Coolidge,
Thomas Coolidge and Julia Elizabeth Coolidge-Stolz.
4. Prior to the death of Warren Coolidge, Warren and Eleanor had a comprehensive
estate plan prepared which included two (2) generation-skipping trusts.
5. Warren Coolidge's trust was established following his death and provided that the
income from the trust would go equally to Philip, Thomas and Julia for their respective lifetimes.
Upon the death of either Philip, Thomas or Julia an approximate one-thif,d;(1/3)
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share of the trust corpus would pass to the children of the deceased pursuant to'~~r~ete~ine4')
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schedule of distrjbutions.}i~ N ;
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Upon the death of Eleanor U. Coolidge, the sons, Philip and:PIijmas, ~uld
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become trustees of the Warren Coolidge Trust.
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8. When Eleanor U. Coolidge died on March 24, 2004, the Warren Coolidge Trust
corpus was valued slightly in excess of $750,000.00.
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9. Following the death of Warren Coolidge, Eleanor Coolidge made several changes
in her will, but until December 8, 2003, she never altered the trust provisions in her will which
were substantially the same as the Warren Coolidge Trust in that Philip, Thomas and Julia would
each be a one-third (1/3) income beneficiary for life and upon their deaths, their children would
receive the corpus of the trust according to a schedule of distributions.
10. On December 8, 2003, Eleanor Coolidge executed a certain will in which she
revoked any prior wills. This will of December 8, 2003, removed Petitioner Julia Elizabeth
Coolidge-Stolz as a one-third (1/3) income beneficiary of the Eleanor Coolidge Trust and
removed Julia's son, Joseph, as a one-third (1/3) beneficiary ofthe trust corpus.
11. Other than a few personal bequests, the vast majority of Eleanor Coolidge's estate
was placed in the trust which resulted in the Eleanor Coolidge Trust having a corpus of
approximately $1,245,000.00.
12. Philip Coolidge and Thomas Coolidge were appointed as trustees of the Eleanor
Coolidge Trust pursuant to the will of December 8, 2003, but their appointment as trustees was
not a change from the prior wills of Eleanor Coolidge.
13. Petitioner herein has contested the will dated December 8, 2003 and alleged that
her mother, Eleanor Coolidge lacked testamentary capacity on December 8, 2003, or, in the
alternative, alleged that the will dated December 8, 2003, was the product of undue influence.
14. Eleanor's medical records establish that she suffered from longstanding
depression for which she took various medications. (Dr. Brazel, Dep., p. 9).
15. Several months after her husband's death in 2001, Eleanor was admitted to the
Chambersburg Hospital for a few days for depression and suicidal ideations. This would have
been February 2002. (N.T., Vol. I, p. 17).
] 6. In July 2002 Eleanor was again admitted to the psychiatric unit of Chambersburg
Hospital "because she decompensated and felt suicidal".
17. In late November and early December 2002 Eleanor was admitted to the
psychiatric unit of the Chambersburg Hospital for a third time. Again, this was due to Eleanor's
depression, decompensation and suicidal ideation. (N.T., Vol. I, p. 18).
18. On December 3, 2002, Eleanor went directly from Chambersburg Hospital to the
Green Ridge Village nursing home to live in their assisted living facilities.
19. Petitioner, Julia Coolidge-Stolz, has a medical degree and lives in North Reading,
Massachusetts with her husband and ten (10) year old son, Joseph, where they have lived since
1983.
20. Julia's son has severe emotional and anxiety disorders which require that he be
constantly supervised and medicated to prevent him from accidentally injuring himself.
21. Between the inherent problems of raising an emotionally disturbed child and the
geographical distance to Carlisle Julia was only able to travel to Carlisle two or three times a
year.
22. Julia maintained regular contact with her mother by telephone and they spoke at
length with each other at least once per week since 1983 when Julia moved to Massachusetts.
(See Petitioner's Exhibits numbered 21,22,23,24, and 26).
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Eleanor enjoyed speaking with her daughter Julia by telephone and helped to pay
for the long distance telephone calls regularly over the years. (See Petitioner's Exhibits 21, 22,
23,24, and 26); (see also NT, Vol. !, p. 67, testimony of Helen Kollas).
24. Eleanor became good friends with Helen Kollas in the Fall of 200 1. Helen visited
with Eleanor in Eleanor's home almost daily from the Fall of 2001 until Eleanor's admission to
Chambersburg Hospital in November 2002. (NT, Vol. I, p. 65-66).
25. Julia attempted to maintain regular telephone contact with her mother after her
mother's admission to Green Ridge Village, but the telephone calls gradually lessened In
duration due to Eleanor's confusion and inability to communicate. (N.T., Vol. I, p. 19-20).
26. Julia became increasingly concerned about her mother's health, but when she
would ask Thomas Coolidge, her brother who lives in Carlisle, about her mother's condition he
repeatedly told her that Eleanor was fine and there was no reason for her to come see her. (N.T.,
Vol.!, p. 21-22).
27. Thomas Cool idge was appointed by Eleanor Coolidge as her power of attorney on
December 20. 2002.
28. By April 2003 Eleanor's decline in physical and mental functioning cause
Thomas Coolidge to request a neurological evaluation with Dr. Jurgensen. (Dr. Brazel Dep., p.
15).
29. Eleanor was evaluated by Dr. Jurgensen on April 30, 2003, at which time Dr.
Jurgensen diagnosed Eleanor with advanced dementia resulting from degenerative brain disease
which would progressively cause her physical and mental functioning to deteriorate. (N.T., Vol.
!, p. 124-129). Also. (see Petitioner's Exhibit #7).
30. Dr. Jurgensen's diagnosis of dementia was confirmed by Dr. Myers, a psychiatrist
who saw Eleanor twice at Green Ridge Village to monitor Eleanor's condition and make
recommendations with regard to medications. (Dr. Myers Dep. p. 21).
31. Dr. Myers saw Eleanor on May 19, 2003 and July 14, 2003 and on both dates
Eleanor was not fully oriented as to day, month and year. (Dr. Myers Dep. p.p. 26 and 28).
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Eleanor's cognitive functioning continued to decline and on September 17, 2003,
individual therapy was terminated because of her cognitive decline. (NT., Vol. I, p. 137-138).
33. A breakdown in communication between Julia and Thomas Coolidge occurred on
or about Memorial Day 2003 when Thomas Coolidge telephoned Julia and advised Julia that
changes had been made with regard to some of their mother's personal bequests. (N.T., March
29,2004 hearing, p. 25-28).
34. Although the changes in personal bequests may have occurred in December 2002,
Thomas Coolidge never advised Julia of the changes prior to Memorial Day 2003, which was
four (4) weeks after their mother had been diagnosed with dementia and degenerative brain
disease. (NT, March 29, 2004, p. 26).
35. Under the circumstances Julia was left with the impression that these changes in
bequests were being presently made while their mother was confused and disoriented.
36. On July 2, 2003 Julia had a good visit with her mother at Green Ridge Village and
agreed to return the next day to visit her again. (NT, Vol. I, p. 26-27).
37. The next day when Julia returned to visit her mother at Green Ridge Village she
found that she had been accused of threatening to kidnap her mother and was not allowed to be
alone with her mother. (NT. Vol. I, p. 31).
38. The only person who. had any contact with staff at Green Ridge Village, and
possibly Eleanor herself between the end of Julia's visit on July 2, 2003, and Julia's return to
Green Ridge Village on July 3, 2003, was Thomas Coolidge. (N.T., Vol. II, p. 69; Petitioner's
Exhibit # 12).
39. From July 3, 2003 until March 24, 2004, Julia, ostensibly at the request of her
mother, is isolated from her mother, either by telephone or personal contact except for one (1)
visit on October 14,2003.
40. When Julia sees her mother on October 14, 2003, her mother is frightened they
would both get into trouble if the staff at Green Ridge Village sees Julia with her mother. (N.T.,
Vol. I, p. 34-35).
41. At the October J 4, 2003 visit Eleanor told Julia she was afraid of Tom and she
wanted to move to Thornwald nursing home in Carlisle. (NT., Vol. I, pp. 37 & 39).
42. Julia promised her mother that Julia would get her moved to Thornwald and help
her to get an independent third party to help her with her property and financial affairs. (N.T.,
Vol. I, p. 39-40).
43. After trying unsuccessfully to have Eleanor's attorney Robert Frey, Esquire help
Eleanor, Julia decided to file a Petition for the Appointment of a Guardian for her mother.
44. Eleanor Coolidge was read the Petition filed by Julia's attorney, but it was never
eXplained to her why Julia had filed the Petition.
45. In her state of mind Eleanor only focused on the allegation that Julia was saying
Eleanor was incompetent.
46. The testimony of Julia Elizabeth Coolidge-Stolz was clear, credible and
convInclllg. In addition, to the extent possible, it was corroborated by documentary evidence,
medical records, expert medical testimony and other witnesses.
47. The testimony of Helen Kollas was clear, credible and convincing. Her testimony
was supp0l1ed by other evidence, the existence of which she would not have had knowledge
unless Eleanor Coolidge had in fact told her and shown her.
48. Eleanor Coolidge did suffer from a weakened intellect from at least April 30,
2003 until her death on March 24, 2004.
49. Thomas Coolidge, in his capacity as Eleanor's power of attorney, and in part
because of his indebtedness to Eleanor, was in a confidential relationship with Eleanor.
50. Thomas Coolidge and Philip Coolidge receive a substantial benefit under the will
dated December 8, 2003 which would not have been present under prior wills.
PETITIONER'S PROPOSED CONCLUSIONS OF LAW
I, Petitioner has proven by clear and convincing evidence that:
a. Eleanor Coolidge suffered from a weakened intellect;
b. Thomas Coolidge, a proponent of the will, was in a confidential
relationship with testatrix; and
c. Thomas Coolidge and Philip Coolidge received a substantial benefit.
2, The burden of proof shifted to proponents to prove by clear and convincing
evidence that there was no undue influence.
3. Having found Julia Elizabeth Coolidge-Stolz's testimony to be credible, there is
no conclusion to be found other than that Eleanor Coolidge was the victim of undue influence,
however subtle it may have been.
4. The will of December 8, 2003 is void and the most recent will previously
executed prior to December 8, 2003 by Eleanor Coolidge is to be probated.
Respectfully submitted,
R. Mark Thomas, Esquire
ID# 41301
101 S. Market Street
Mechanicsburg, P A 17055
(717) 796-2100
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I am this day servmg a copy of the
foregoing document upon the person and in the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by hand-delivering a copy of same to:
James D. Flower, Jr., Esquire
26 West High Street
Carlisle, P A 170 I 3
R. Mark Thomas, Esquire
101 S. Market St.
Mechanicsburg, P A 17055
Date: April 28, 2005