Next on the agenda of the trial was the testimony of E.R. Maxwell, who was well-known as a community leader, in Breckenridge, and was named as one of the directors of the Stephens County Museum. Maxwell said, “I was shocked like I had never been before that the two sisters were unhappy about the dealings with the museum organization.” Maxwell went on to say, “I had made as many as 20 visits to the Swenson home and I never recalled any controversy or dissatisfaction over any of the plans for the museum until I received the phone call that said the two sisters had filed a petition with the court.”
Miss Clara Swenson was told by her lawyer, C. J. O’Connor, “that Maxwell, J.D. Sandefer Jr. and Edgar Cain had visited Selmar at the rest home and had him sign a paper.” Clara was unaware at what paper Selmar had signed, but from that time on, the two sisters did not trust those three men because Selmar was very ill and may not have been aware of what he was signing. Maxwell further testified, “that whenever I accompanied Jack Eden to discuss the trust, Eden always explained everything in great detail to Selmar and the two sisters and answered any questions by the three at that time.”
Additionally, H. Don Rogers of Abilene had a taped conversation with S.T. Swenson answering questions. On the tape, Selmar and his two sisters all agreed to sign their money and land over to the ‘Living Trust’ because Selmar didn’t want the Federal government to get any of their land or money through taxes. The ‘Living Trust’ would provide for their care until they died and would protect their money and land after their death to support designated projects in Stephens County.
Again, the Swedish/ Norwegian culture was brought into the trial because the two sisters had always looked to their brother to take care of the land and money and provide for their care. The two sisters believed that Selmar had always made decisions in their best interests in mind. The two sisters always signed papers at his direction and never questioned his judgment until now when they strongly believed that others were swaying their brother to make decisions that may not be in their best interest as before.
The main lawyer for Clara and Alma Swenson, Bill Thompson, read the charges specified in the Civil suit by the two sisters: “they were unduly influenced into giving away $100,000 in cash and 1,750 acres of the 5,770 acres of land owned by the Swenson family without being adequately represented.” When their lawyers, C. J. O’Connor and Thompson went to the bank on behalf of the sisters, there was only $500 left in the account. At that point, the lawyers announced that they would bring a suit against the bank officials and the museum organization on behalf of the two sisters.
On the eighth day of the trial, J. D. Sandefer Jr. took the stand and said, “I made the remark that I hoped a lawyer, referencing to Eden, would be that explicit in explaining to my two sisters or my two daughters if a similar situation arose.” Sandefer said, “I always believed I was carrying out the wishes of all three of the Swenson siblings.”
Additionally, others testified including Dr. Edwin Goodall, doctor for S.T. Swenson, Mark Nelms, a friend of the Swenson family, and J.T. Harris. Also placed on the stand for testimony were C.W. Carleton, Carl Fambro, Dr. John Hall and Guy Caldwell of Abilene.
Finally, Thompson called the youngest sister, Alma Benneta Cecilia Swenson, to the stand who was now age 84, but very sharp mentally. He asked her if she knew how much money the Swenson family had and she revealed that she had no idea how much money or land the Swenson family-owned or how much she had inherited when her mother died in 1922. Additionally, Alma was unaware that she had signed a deed, which was completed in 1935, when her brother, Selmar T. Swenson had signed over most of his holdings to his two sisters for tax reasons. Then, Thompson asked her, “Did you realize you and Miss Clara had given the museum $100,000 and given away 1,750 acres of land?” Miss Alma replied, “No.” Alma further testified “that if that was one of the items the two sisters signed, then, they would not have signed the document.” Alma further testified that “the two sisters relied on Selmar in all legal matters and never read the documents he asked them to sign.” She further testified, “she never thought Selmar understood he had given away all the money and land that the family-owned to the museum.”
Miss Alma Swenson closed by saying, “She loved her brother and didn’t believe he would do anything willingly to harm either of his sisters.”
Finally, Thompson called Harry Logan to the stand who was president of Citizens National Bank in Breckenridge, at that time. Logan testified, “Selmar T. Swenson had banked with them since 1965- 66. After Selmar entered the Villa Haven Nursing Home, Logan met with the two sisters and explained that the trust would be put into operation and it would take care of them and pay any of their bills.”
Next, Thompson asked Logan “why he had mortgaged the land put into the trust, even though he knew there was a lawsuit threatened?” Logan said, “There was no money in the account for the two sisters and that $30,000 was borrowed from the DeLeon Bank using the land as collateral for the loan which would take care of the two sisters.”
At that point, the case was turned over to the jury. After their deliberation, Judge E.H. Griffin read the results to the court: “The two sisters, Alma B. and Clara J. Swenson would get $50,000 of the $100,000 given to the museum and would retain $50,000 of the original gift. Additionally, all the land was returned to the sisters.”
The main lawyer for the two sisters, Bill Thompson said, “It was a tragedy that a wedge had been driven between the brother, who had loved and cared for his sisters all their lives, and the two sisters.”
So ends the saga of the Swenson family who are all buried in the private Swensondale Cemetery created when Christina died, who was the mother of the Swenson children and the beloved wife of Peter Swenson.
