29 So. 2d 232 | Ala. | 1947
On August 20, 1942, Robert Beasley and others (appellants) filed their bill of complaint in equity against Susan Beasley (appellee) to set aside two certain deeds executed by C. O. Beasley, now deceased, to Susan Beasley on September 6, 1935. The complainants are all the children of C. O. Beasley and are by his first marriage. The respondent is the widow of C. O. Beasley and his third wife. It is alleged in the bill that the deeds were procured by fraud or undue influence or that C. O. Beasley at the time of their execution was of unsound mind. The case was heard orally before the court with the result that relief was denied and the bill dismissed. Hence this appeal.
The evidence is voluminous and has been considered with great care. No good purpose can be served by setting it out in detail. Caples v. Young,
The mental condition of C. O. Beasley at the time of the execution of the deeds and the alleged fraud or undue influence claimed to have been practiced upon him to procure his execution of the deeds, presented issues of fact. The witnesses testified orally before the court and since we are not willing to say that the findings of the court are palpably wrong, we are unwilling to disturb its decree. Randolph v. Randolph,
The proof showed that Susan Beasley at the time of the execution of the second deed made a will leaving the property embraced in the second deed — the property adjacent to the home-place — to her husband C. O. Beasley, but in the event her husband predeceased her, the property to go to his children share and share alike. There was no proof of any relationship between the will and the deed except that they were executed at the same time and relate to identical property. We are now asked by counsel in brief to give the will a contractual effect and to preserve the property described therein for complainants, to belong to them on the death of Susan Beasley, free of any change that she may make in the will or any disposition of the property that she may make during her life. We are cited to no authorities nor are we advised as to the basis on which such relief can be granted. Susan Beasley is still living (Mayfield v. Cook et al.,
The basis for the relief now sought is contained in a statement in the answer of Susan Beasley in connection with her execution of the will in substance that it was the will of her husband that the children should have the property subject to her life estate. The answer should be taken as a whole and when this is done, it is not clear that it means to make such an admission. But be that as it may, it is sufficient to point out that there are no allegations in the bill on which the relief can be predicated. An answer cannot "inject equity into a bill which has none on its own allegations." Tait v. American Freehold Land Mortgage Co. of London, Ltd.,
Affirmed.
GARDNER, C. J., and FOSTER and LAWSON, JJ., concur. *692