In Re Estate Of O''brien

Caroline Brandt O'Brien died in February, 1964, being survived by two natural children, Joseph T. O'Brien and appellant Suzanne Bates, and two minor adopted children, Robert George O'Brien and Thomas Henry O'Brien. The first and primary dispute centered around the probate of the Caroline Brandt O'Brien Estate. In that proceeding Joseph T. O'Brien offered for probate a purported last will and testament of Caroline, which in essence distributed the bulk of her estate of more than $1,000,000 to her two natural children and left only a small bequest to the two adopted children. Prior to the purported will being admitted to probate, a will contest was instituted by the guardian of the estate of the two adopted minors. In that litigation Joseph T. O'Brien, as proponent of the will, was represented by appellee, Herbert Mallamo, attorney at law, and the guardian of the two adopted children, as contestant, was represented by the firm of Minne & Sorenson and Jack C. Cavness, attorneys at law. This will contest resulted in a determination by jury that the offered will was invalid, having been executed under the undue influence of Joseph T. O'Brien. The effect of this ruling was that Caroline Brandt O'Brien died intestate. The upshot of this decision was that the two natural children and the two adopted minor children shared alike in the proceeds of Caroline's estate.*fn2