Question: Please read the case below and answer the following interview questions.. Case #7: Contesting a WillWilliam McCollum, a farmer in Smithfield, North Dakota, died from
Please read the case below and answer the following interview questions..
Case #7: Contesting a WillWilliam McCollum, a farmer in Smithfield, North Dakota, died from a fall from his tractor and is survived by his third wife, six children, and three grandchildren. McCollums estate, after all debts and taxes have been paid, is valued at $1,750,000. His will provides for the division of the estate into three equal parts, one part to his current wife, Candy McCollum, one part to his surviving children, and one part to his three surviving grandchildren. By terms of his will, all land, property (except for the cottage and lakefront property on Crystal Lake), livestock, and equipment will be sold. Bebe McCollum, his second wife, will receive the deed to the cottage and the lakefront property. The children and grandchildren will receive interest on their shares for life and, when his last child dies, the principal of the trust fund will be divided equally among the surviving three grandchildren.
William McCollums six children are anxious to secure immediate control of their shares of the estate and are asking the courts to set aside the will on three grounds: their fathers mental incapacity, cruelty, and advancing senility. They propose that all of the estate, including the expensive cottage and lakefront property, be divided into eight parts with the ex-wives and grandchildren receiving two eights. Six eights would go to the six surviving children (Lincoln, Ada, Henry, Mary, June, and Edward) who are between the ages of twenty-two and thirty-five, with June being the youngest. The grandchildren range in age from three to nine years of age. All six of the children were estranged from their father when he died, and five lived in other towns.
Rev. Emerson DeWitt, a retired minister, said he had known William McCollum all of his life and found him to be grasping, miserly, profane, and irreligious. When he conducted the marriage of Alice McCollum to Mark Davis, William refused to attend the ceremony because he opposed the marriage. When he met William on the street the next day, he cursed him. When Alice died a year ago, William attended the funeral but sat alone in the back pew. DeWitt tried to comfort him, but William replied, Shes in hell now. Lincoln McCollum testified that his father never cared for anything but money. He had been taken from high school where he was a star center on the basketball team as soon as he turned sixteen and made to work on the farm for no wages. He had to wear his fathers made-over clothes. As soon as he turned eighteen, he left home and went to work on a neighboring farm.
June McCollum said she alone continued to live on the farm although she and her father rarely spoke to one another. She said her father never gave her mother any money except for bare necessities, and she bought her clothes and food not grown on the farm by selling produce from a truck garden she and the children managed. Her father had her mother, Ida McCollum, cremated to save on funeral expenses and married Bebe, a waitress at a local bar, two weeks after her mothers death. Candy, an exotic dancer and wife number three, came along three years later.
Dr. Al Martin said that when Alices son Jacob needed an operation for a chronic lung condition, his parents had no money or insurance, and William McCollum had refused to help because he said his daughter had married a bum and that he had washed his hands of them a long time ago. He appeared to have an obsessive hatred for his children.
Tom T. Tuttle, a county judge, had performed the marriage of William to Candy, and William declared, I am happy for the very first time in my life and married to someone who truly loves me and not what I have. Were going to retire in the cottage I have built on Crystal Lake. None of Williams children or grandchildren attended this wedding, but he did not know if they had been invited. He doubted it. Second wife Bebe had hosted the reception.
Jack Hanes, a Dodge dealer who had sold William a number of trucks and trailers, said William had once remarked to him, I dont want to leave my children a red cent because they are all lazy. I would like to leave the farm in such debt that they would have to work like dogs to make a meager living on it.
1: what is the family background? The number contestants for the will?
2: what were the necessary evidence, documents required while contesting for the will?
3: what was the result at the hearing? Who won and why?
4: is there any additional information you would like to share with?
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