(dissenting).
The majority opinion jumps into the jury box of the fact finder and rewrites the findings of fact and conclusions of law contrary to law and contrary to this court’s own rule. SDCL 15-6-52(a) provides in part:
Findings, of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses.
The majority opinion guts the heart of this suit, despite the above rule and the entry by the trial court of forty-one explicit findings of fact and eleven conclusions of law.
A finding is not clearly erroneous unless upon consideration of the entire evidence the reviewing court is left with a definite and firm conviction that a mistake has been committed by the lower court. In re Estate of Pierce, 299 N.W.2d 816, 818-19 (S.D.1980); In re Estate of Shabley, 85 S.D. 692, 695, 189 N.W.2d 460, 461 (1971). *529All conflicts in the evidence must be resolved in favor of the trial court’s findings. In re Estate of Metz, 78 S.D. 212, 214, 100 N.W.2d 393, 394 (1960). It is not our function to decide this case on the basis of what we would have done were we, individually, the trial judge. In re Estate of Pierce, supra at 819.
The evidence presented at trial is more than sufficient to justify the trial court’s finding that a confidential relationship existed between Frank and Julie. As the majority correctly notes, it is well-settled law in this state that a confidential relationship exists whenever a decedent places trust and confidence in the integrity and fidelity of another. In re Estate of Weickum, 317 N.W.2d 142 (S.D.1982); In re Estate of Hobelsberger, 85 S.D. 282, 181 N.W.2d 455 (1970). The record reflects that Frank and Julie had a close, intimate relationship. Correspondence between the two indicates they had strong feelings for each other. Frank confided in Julie about his personal financial affairs, showed her bank statements, and informed her of his discontent with Robert as the holder of his power of attorney. He placed trust in Julie’s fidelity and integrity by asking her to retrieve some of his money and personal items from Robert. In addition, Frank allowed Julie to participate in his discussions with Attorneys Kell and Jones. In fact, Kell testified that Julie’s participation in Kell’s first meeting with Frank caused him to believe that she was acting as a spokesperson for Frank. He testified that at one meeting Frank “Didn’t say much of any-thing_ He didn’t seem to be with it.”
In addition, the trial court prepared detailed, well-reasoned findings of fact and conclusions of law, which included the following findings:
1. “Julie discovered that Frank was very receptive to her suggestions.”
2. “On the statement concerning the power of attorney signed by Frank and delivered to Kell on July 15, 1988, Julie wrote, or caused to be written, after Frank’s signature, a request that a will be drawn for Frank, which statement was not produced at trial, or lost or destroyed prior to trial, by Julie.”
3.“Julie, in her letters to Frank ... made the following statements to elevate her image and that of her family members and lower the image of the Tills and Matsons and Sparks in Frank’s eyes: ... (3). ‘My mind can’t comprehend the things that the ‘Tills’ have done to you or having Isabel stick her nose into the situation.’ ”
The trial court also found that Julie’s letter to Frank of July 29 was significant in several respects. She wrote:
Dearest Frank, I received your letter yesterday. It is always good to hear from you! It sounded like you had a nice birthday. I was so happy to hear that! Roxie told me that she was going down to see you. I bet that was a surprise? Do you feel at ease with things now? I know it won’t be 100% good until you get to the Mary House, ‘cause I know how badly you want to be there. Did Karen take you to Murdo on Wednesday? I hope she is treating you alright. You said in your letter that Gene Jones changed your will the way you wanted it. You didn’t have to meet with him for a second time? He changed it for you on the first visit? I hope everything will be alright, considering Gene Jones is good friends with Beulah (Till). I pray he keeps your business confidential. I was so happy to hear that you have stated a specific burial and when that time comes, they have to put you where you requested. I wish I could come and visit you everyday. I enjoy your company so much. Frank, you are so special to Greg and I — we love you dearly. Did you get any cards from the “Tills” or “Matsons”, or “Sparks” on your birthday? Did Karen and her husband come and visit you on your birthday? It is generous of you to give Greg and I some of your shirts and your black trunk the next time we come up, as you stated in your letter— that is very nice of you! We are looking forward to seeing you again sometime.
Greg and I are busy right now taking care of a bunch of insurance for our car, *530renters insurance, health and life. It gets to be so expensive. Sometimes I think those insurance companies just take all your money, but one has to have it in this day and age. I suppose the only insurance you have to pay on is health, or do you have a life insurance policy on yourself? If you do, is Bob Till or Isabel Matson the beneficiary? If I recall — Isabel had said something about a life insurance policy, when they sent you off to White River. But maybe she didn’t know what she was talking about. I don’t think she knows half of anything. I have never cared for Matsons or Sparks, I never felt like they really cared for anyone — but themselves — Very selfish!
There is a Fair up in Albert Lea, Minn tonite, Greg and I are going to that.
I guess that is all for now — Write soon — We Love You!
Love, Julie & Greg
Based in part on the letter the trial court found:
f. The court finds that there was no reason for Julie to make any of the negative statements about the Tills or Mat-sons or Sparks to Frank, except, perhaps, for Julie’s knowledge that Robert Till was not handling Frank’s financial affairs to his satisfaction, and that those statements were made to influence Frank to show no favor to the Tills, Matsons or Sparks.
g. The court further finds that the statements made by Julie in her letter of July 29th to Frank concerning the problems that she and Greg were encountering with insurance was a deliberate, calculated lead-in to asking Frank whether he had any life insurance and, if so, the names of the beneficiaries, with the thought that Frank would, since he had changed his will, change the beneficiaries on any life insurance he had to Julie or members of her family.
i. Julie’s letters to Frank of July 18, 21, and 29, 1988, were all received by Frank after the July 19, 1988, will was executed. Therefore, those letters could not have influenced Frank to make the dispositions in his new will. However, the only persons who could testify as to the conversations between Julie, Greg and Frank on July 9, 10, 14 and 15, are Julie and Greg. Since the court has found that there was a confidential relationship between Julie and Frank, the proponents of the will must go forward with the evidence to show that Julie did not unduly influence Frank in the preparation of the new will prior to its execution. The court finds that since Julie’s letters to Frank of July 18, 21, and 29, 1988, clearly show that she attempted to unduly influence Frank, the court concludes that she had the same motive in her conversations with Frank on July 9, 10, 14 and 15, 1988.
The key conclusions of law, which are being gutted by the majority opinion, are as follows:
5.
SDCL 29-2-5 provides that: “A will or part of a will procured to be made by ... undue influence, may be denied probate .... ”
6.
When a confidential relationship is established between the testator and the beneficiary, the burden of going forward with the evidence shifts to the beneficiary to show that he took no unfair advantage of his dominant position. In re Metz’ Estate, [supra ].
7.
A confidential relationship exists whenever a decedent has placed trust and confidence in the integrity and fidelity of another. Matter of Estate of Weickum, [supra ].
8.
Since it is the finding of this court that a confidential relationship existed between Frank and Julie, Julie must go forward with the evidence to show that she did not take advantage of the relationship to her own profit.
*5319.
The existence of a confidential relationship does not raise a presumption of undue influence, however, unless the beneficiary actively participated in the preparation and execution of the will and unduly profited therein. In re Estate of Anders, [88 S.D. 631,] 226 N.W.2d 170 (1975).
10.
To establish the existence of undue influence, contestants must prove by a preponderance of the evidence four essential elements: (1) decedent’s susceptibility to undue influence, (2) opportunity to exert such influence and effect the wrongful purpose, (3) a disposition to do so for an improper purpose and (4) a result showing the effects of such influence. Matter of Estate of Weickum, [supra]; Matter of Estate of Pierce, [supra]; Matter of Estate of Landeen, 264 N.W.2d 521 (S.D.1978).
11.
That Frank’s July, 1988, will is the product of undue influence and it is hereby denied admission for probate.
In essence, the trial court found that there was a confidential relationship between Frank and Julie and that, in effect, and for whatever reasons,* Frank was putty in her hands. The trial court was in a position to observe the witnesses and judge their credibility. At best, the majority opinion provides “lip service” to our rules of appellate review and rewrites the findings of fact and conclusions of law. This is clearly wrong. I would affirm the trial court judge because he was not clearly erroneous.
Julie and Greg were in debt about $20,000 at the time of trial.