[Download] "Matter Estate Charles Edgar Eliasen v." by Supreme Court of Idaho No. 13651 # Book PDF Kindle ePub Free
eBook details
- Title: Matter Estate Charles Edgar Eliasen v.
- Author : Supreme Court of Idaho No. 13651
- Release Date : January 23, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
This is an appeal from a decision of the district court which on appeal affirmed a decision of a magistrate court in a probate proceeding. The principal questions presented are the status at the time of decedent's death of certain property as being community or separate in nature and the applicability of Idaho's slayer statute, I.C. § 15-2-803, to this widow, who shot her husband, the decedent. We affirm in part and reverse in part. The decedent, Charles Edgar Eliasen, a/k/a Edgar Eliasen, was 70 years old at the time of his death in November 1974. Decedent for many years had been in the ranching and cattle business. For some years prior to 1966, the decedent and his brothers, Ronald and Lars, had owned 5,091 acres of property in Rockland, Idaho with some cattle thereon. In June of 1966, the brothers sold the property for the sum of $165,000, which was to be paid $40,000 down, and the remaining balance of $125,000 in annual installments of $12,000 over a period of 16 years, which sum included interest on the unpaid balance at five per cent. The record is unclear as to what portion of the moneys went to each of the three brothers. The decedent and his brother Ronald took their moneys from the sale of the Rockland property and in 1966 purchased a small 120 acre farm in the area of Marsh Valley, Idaho. Each brother contributed $5,000 toward the down payment, but the Marsh Valley farm was obtained in the decedent's name alone pursuant to an arrangement between the brothers that Ronald would not obtain any ownership interest but would rather receive a right to live on that ranch for his life. The brothers together made annual payments of $5,000 on the Marsh Valley ranch until Ronald died in 1967, following which time the payments were made by decedent. The yearly payments on the Marsh Valley property were made with moneys received from the sales contract on the Rockland ranch, together with moneys received by the decedent from cattle sales. In June 1967, appellant Lucille Eliasen began living with the decedent on the Marsh Valley property. In February 1968, the decedent and Lucille had a child, Charles Edgar Eliasen II. The decedent and Lucille Eliasen were ceremonially married in June 1970.