(DOWNLOAD) "Lillis Gmeiner v. Danny v. Yacte and Ronda" by Supreme Court of Idaho No. 12201 * Book PDF Kindle ePub Free
eBook details
- Title: Lillis Gmeiner v. Danny v. Yacte and Ronda
- Author : Supreme Court of Idaho No. 12201
- Release Date : January 13, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Beryl MacArthur died on September 22, 1973, at the age of 78. It is uncontradicted that in the last years of her life she made numerous transfers of property and money to the defendant-respondent Danny Yacte, a 32-year-old man who befriended her in those last years. On Beryl's death, Lillis Gmeiner, Beryl's sister, was appointed the personal representative of her estate. Beryl was unmarried and left no lineal descendants; her heirs at law are her six brothers and sisters. This suit against the Yactes and Frushours was filed in October, 1973, alleging undue influence on the part of Yacte, and knowledge thereof on the part of the Frushours, when they loaned money to Yacte in exchange for the deed to Beryl's house. The complaint demanded judgment against Yacte for $2,000 (the amount he allegedly received from Beryl out of the D. J. MacArthur estate of which Beryl was executrix), various other sums of money and a court order quieting title in the decedent in various properties. Danny Yacte answered that the money and properties transferred to him from Beryl were all in consideration for her one-half interest in his business; that the fish business had failed leaving him with $15,000 in debts, of which $7,500 were valid claims against the estate; and that Beryl had executed an oral will giving all her property to him. The district court ruled before trial that nuncupative wills no longer existed in Idaho and struck the last claim. It held further that the $7,500 claim against the estate violated the statute of limitations (not having been filed within the 4-month limit) but that it remained as a possible set-off or counterclaim.