Sun Patriot Article sharing in regards to a local landmark for us all! Please share Discussion continues on historic farm site In recent weeks, a number of media outlets have reported about the legal issues surrounding the historic Andrew Peterson Farmstead, aka Rock Isle Farm, which is located just to the east of Waconia. The farmstead, purchased and settled by Swedish immigrant Andrew Peterson in 1856, was listed on the National Register of Historic Places in 1978. In an article that appeared in the Waconia Patriot last week, it was reported that the farmstead’s previous owner, Ward Holasek, deeded 51 acres of the 71-acre property to the Carver County Historical Society (CCHS) before his death at the age of 76 in December 2013. After Ward’s death, the CCHS assumed control of those 51 acres and a historic barn that’s located on the parcel. Ward’s sons, Rick and Wade Holasek, maintained control of the 20 acres to the south, the part of the property that contains the rest of the farm’s historic buildings. In recent months, however, a number of legal issues have surfaced. One issue involves a lawsuit filed by the CCHS in Carver County District Court in October 2013 that concerned its ability to access the farmstead. Another issue involves a counterclaim filed by Ward that seeks to have the society’s lawsuit dismissed and its ownership rights to the deeded property nullified. The son’s complaint alleges that the land was “procured through undue influence, fraudulent misrepresentation.” The complaint also stated that Ward lacked the ability to understand what he was doing when he signed the deed, a contention that is disputed by the CCHS, whose attorney, Pat Neaton, was cited in the Star Tribune last month saying there was no evidence that Ward Holasek did not understand fully what he was doing. Part of the dispute has landed in probate court and is scheduled to be heard later this month. In addition, an independent personal representative will be appointed to decide how to best execute Holasek’s Will. According to the article in last week’s Patriot, Wendy Peterson Biorn, the executive director of the CCHS, said the society will respect whatever the courts decide, but hopes a decision is made in a timely matter so they can move forward with Ward’s wishes for the land that was deeded to the CCHS. Rick Holasek, whose thoughts were not included in the Waconia Patriot article last week, contacted the newspaper to express his side of the story. According to Rick, his father’s original Will, executed in 2010, left cash gifts equal to approximately three-fourths of his estate to eight primary beneficiaries, including local Rotary and 4-H clubs, with the remainder designated for the CCHS. Six months later in 2011, Rick alleges Ward was influenced to change his Will to give approximately half of his estate to the original primary beneficiaries and the remainder to the CCHS. It was then, Rick said, that Ward switched the executor of the Will from Rick to Peterson Biorn. By 2012, Rick alleges that Ward had become easily swayed due to failing mental capacity, and that he was influenced again to deed the entire property to the CCHS. As the farm itself was the main asset of the estate, Rick contends that once Ward learned that the deed effectively voided the Will, Ward hired attorney Howard Bard in the spring of 2013 to help him get his farm back. “At no time did Ward desire to give everything to the Carver County Historical Society,” said Rick, contending that Ward essentially wanted the CCHS to have only one of the historic buildings located on the property. “Four of the five historic buildings actually are on the adjoining property that my brother and I own and have proudly maintained for many years,” he said, noting he and his brother spent their own time and money on restoration work for the structures, such as new roofs or foundation work. Ward died from a fatal stroke only days after he brought an action against the CCHS to have the deed nullified and his farm returned to him. According to Rick, Ward’s death “prevented the legal discovery that would have revealed” the full circumstances surrounding the execution of the Deed. “Ward spent the last eight months of his life trying to get his farm back from the (CCHS),” contends Rick, who added that his family now faces an uphill battle to convince the Probate Court to continue the suit. Rick said media reports have said that the CCHS has had difficulty accessing the farmstead but he disputes this, alleging that the CCHS and its appointees have had and used access daily to the site across a private driveway on the family’s property since the day of Ward’s death. Rick also feels that the CCHS has led people to believe that it is only concerned about the condition of the historic buildings and property. Rick questions this, contending that the family has offered a path for the CCHS to have ownership of all the historic buildings and the land around them in exchange for the majority of the non-historic acreage deeded to them but the CCHS has refused to negotiate. “The actions of the (CCHS) are demonstrating that their concern is with the dollar value of the asset rather than the actual historic buildings and land, almost all of which resides on Ward’s sons adjoining property,” Rick said. Asked for comment for this article, Peterson Biorn clarified that she is voluntarily withdrawing her name from consideration from serving as the personal representative due to the dispute and potential conflict of interest. A court-appointed personal representative is expected to be named on March 12. She offered no other comments, except for the following statement from the CCHS: “While it would be easy to discuss the dispute of the will in the media, it would not be constructive, honoring Ward’s memory, or give the court system the credit it deserves to sort everything out.” Contact Todd Moen at todd.moen@ecm-inc Filed Under: Waconia Patriot
Posted on: Sat, 08 Mar 2014 17:34:14 +0000
Trending Topics
Recently Viewed Topics
© 2015