Out-patient treatment at alcohol rehabilitation facilities

Assignment Help Management Theories
Reference no: EM131049307

Case 29.2

FACTS Belton Kleberg Johnson was a descendant of the founders of the King Ranch, a famous ranch in Texas that dates back to the 1850s. He was married three times and had three children from his first marriage, as well as eight grandchildren. Johnson was a long-term alcoholic who had received both in-patient and out-patient treatment at alcohol rehabilitation facilities during his life. Johnson executed a will in 1991, when he was married to his second wife. That will provided for her during her lifetime and left the remainder of his estate in a trust for his grandchildren and children. When his second wife died in 1994, he changed the will to give each grandchild $1 million and to give the remainder to five charities. His children were provided for in a separate trust. Johnson met his third wife, Laura, shortly after the death of his second wife, and they were married in 1996. In 1997, Johnson executed a will that left $1 million to each grandchild and the remainder to Laura. In 1999, Johnson executed a new will that left his entire estate in trust to Laura for her life and then to a foundation that she controlled. After Johnson died in 2001, his attorney submitted the will from 1999 to probate. Johnson's children and grandchildren (the plaintiffs) challenged the will in court. A jury concluded that the will was invalid as a result of undue influence by Laura. She appealed, claiming that there was insufficient evidence to support the jury's finding.
ISSUE Was Johnson's 1999 will-which left his sizeable estate to his third wife, Laura, and excluded his children and grandchildren-a result of undue influence?

DECISION Yes. The state appellate court affirmed the lower court's judgment in favor of the plaintiffs. The court concluded that the evidence was legally and factually sufficient to support the jury's finding of undue influence.

REASON To prevail on an undue influence claim in Texas, the plaintiff must prove that (1) undue influence was exerted, (2) the influence overpowered the mind of the testator, and (3) the will would not have been executed but for the undue influence. The court reasoned that "the exertion of undue influence is usually a subtle thing, and by its very nature usually involves an extended course of dealings and circumstances." In this case, the evidence showed that Johnson was an alcoholic, and psychological and medical tests indicated that the alcohol had had an adverse effect on his mental state. Several experts testified that he had permanent cognitive defects and memory problems that would have caused him to be more susceptible to undue influence. Laura denied Johnson's drinking problem in court, although Johnson himself had admitted that it was ongoing when he was hospitalized in 2000, a year before his death. Evidence also suggested that Laura had exerted substantial control over many aspects of Johnson's life. She had refused to sign a prenuptial agreement, for example, and was involved in his estate planning. She had also made negative remarks about his children and grandchildren. Furthermore, evidence established that Johnson was quite proud of his heritage and wanted to provide for his descendants, as well as for the charities named in the earlier will.

WHAT IF THE FACTS WERE DIFFERENT? Suppose that Johnson, in his 1999 will, had specifically mentioned that it was his intention that his children and grandchildren would not receive any portion of his estate. Would that have changed the outcome? Why or why not?

Reference no: EM131049307

Questions Cloud

Describe the impact and the vulnerability of the scada : Describe the impact and the vulnerability of the SCADA / Stuxnet Worm on the critical infrastructure of the United States. Describe the methods to mitigate the vulnerabilities, as they relate to the seven domains.
What is the least you could pay to acquire a bond : A Treasury issue is quoted at 117:03 bid and 117:17 ask. Assume a face value of $1,000. What is the least you could pay to acquire a bond?
Role in changing depreciation methods : ACC701 Financial Accounting Assignment Question. In your response highlight ethics & governance, accountant's role in changing depreciation methods, stakeholders and the impact of AASB116
Strengths in the capital asset pricing model : You are the chief financial officer (CFO) of a multiphysician clinic. Do you see weaknesses or strengths in the capital asset pricing model (CAPM)? Explain your response and support it with examples. Include what the small market line (SML) involves.
Out-patient treatment at alcohol rehabilitation facilities : FACTS Belton Kleberg Johnson was a descendant of the founders of the King Ranch, a famous ranch in Texas that dates back to the 1850s. He was married three times and had three children from his first marriage, as well as eight grandchildren.
How long will it be before you have enough to buy the car : You’re trying to save to buy a new $195,000 Ferrari. You have $32,000 today that can be invested at your bank. The bank pays 3.9 percent annual interest on its accounts. Required: How long will it be before you have enough to buy the car?
Depreciated using straight-line depreciation to zero book : You are working on a bid to build two apartment buildings a year for the next three years. This project requires the purchase of $1,089,000 of equipment that will be depreciated using straight-line depreciation to a zero book value over the project's..
Atm and other financial innovations : How should the Fed Reserve Bank have responded to ATM's and other financial innovations of the 1970's when projecting money growth? Think in terms of velocity.
Write term paper about information technology strategic plan : Write a term paper about Information Technology Strategic Plan. Imagine that a company has recently hired you as a senior business consultant. The company is seeking to gain better traction with regard to customer satisfaction and loyalty.

Reviews

Write a Review

 

Management Theories Questions & Answers

  Cash settlement necessary to fund the annual payment

Use linear programming to find the minimum cash settlement necessary to fund the annual payments.

  What is knowledge management

What is knowledge management, and what is a knowledge management system? How does the concept of a community of practice relate to knowledge management?

  Literature on representative bureaucracy

Review and analyze the literature on Representative Bureaucracy. Present arguments for and against the importance and contributions of a representative bureaucracy. Use Chicago Manual Style 16th edition for this assignment.

  1 please compare and contrast economic market and relevancy

1. please compare and contrast economic market and relevancy value.2. discuss uncertainty as it relates to the overall

  What happens when decisions are made based on cost alone

Considering the shortcomings or limitation of these strategies, the first factor that needs to be mentioned is, this process is expensive." What happens when decisions are made based on cost alone?

  A health service systems class

A health service systems class: What are the components of a comprehensive healthcare plan offered by employers? What outcomes are desired by the employer after implementation of the health plan? How would these outcomes be measured?

  Management focuses on firms

Strategic Management focuses on firms and the different strategies that they use to become and remain successful. Chapter 1 reveals that multiple views of strategy may exist, and the 5 Ps described by Henry Mintzberg enhance understanding of the vari..

  Question1 a manager of the financial institution you work

question1 a manager of the financial institution you work for manages a portfolio of shares with a value of 20 million

  What steps should you take in planning the program

What steps should you take in planning the program?

  Which types of information are used in management accounting

Which is NOT one of the three major customer value propositions discussed in the text and Which types of information are used in management accounting?

  A german wine producer and exporter

The plaintiff, a German wine producer and exporter, contracted to ship 620 cases of wine to the defendant, a distributor in North Carolina. The contract was silent as to the shipment destination.

  What are the major threats in the external environment

What would a SWOT analysis of your university look like? What are your school's key strengths and weaknesses? What are the major threats in the external environment? What are the opportunities? Make a list of all you can think of.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd