In re Estate of Stratmann

The opinion of the court was delivered by This is a civil action against the estate of Bert Stratmann by
several charities — Central Kansas Medical Center, First
Presbyterian Church of Ellsworth, Sterling College, Ellsworth
County Veterans Memorial Hospital, and Lutheran Society Good
Samaritan Home. The claimants allege Bert Stratmann and his
brother and sister made mutual and contractual wills, leaving all
their property to the claimants. The claimants contend Bert
breached the contract when he executed a new will giving all his
property to Edith Stratmann, his wife. Following a jury trial, a
verdict was returned in favor of the claimants. The facts of this case reveal a long history of litigation
within the Stratmann family. Tena Stratmann was the mother of
seven children: Chris, Bert, Edwin, Otto, Marvin, Ervin, and
Mathilda. Edwin predeceased his mother and the other children.
Chris, Marvin, and Ervin each married and were thereafter treated
as outsiders by the three single Stratmanns, Bert, Otto, and
Mathilda. After Tena Stratmann's death in 1960, numerous lawsuits
and partition actions were filed among the children. Eventually,
Bert, Otto, and Mathilda each held a one-third interest of Tena
Stratmann's considerable estate.