265 Pa. 257 | Pa. | 1919
Opinion by
The bill in this proceeding was filed by collateral heirs of Andrew H. Ludlow, Jr., deceased, against defendant individually and as executor under the will of Nancy L. Hoffman, deceased mother of Ludlow, to set aside conveyances of real estate made by defendant as attorney in fact for Ludlow, and praying that he be declared trustee ex maleficio of the property and be required to account for the rents and profits received therefrom; the allegation being that the conveyances made by defendant to Nancy L. Hoffman was part of a fraudulent scheme to obtain possession of the property of Ludlow, whose mental and physical condition was such as to render him incapable of understanding the nature of the transaction. The court below dismissed the bill and plaintiffs have appealed.
Andrew H. Ludlow, Jr., was the only son of Andrew Ludlow, Sr., and his wife Nancy, who subsequently married Otis J. Hoffman. Defendant is the son of Otis J. Hoffman by an earlier marriage, and a stepbrother to Andrew Ludlow, Jr. They lived together at Warren, Pennsylvania, and Ludlow, Jr., who inherited considerable property from his deceased father, attended public and private schools and at the age of 18 entered college where he remained for a short time only. He became addicted to the use of liquor and drugs and traveled considerably. For several years he was engaged in the printing business but subsequently formed a partnership with Hoffman, from which he retired a few years later. In 1883, at 23 years of age, he gave Hoffman a general power
The facts above recited are not in dispute. Plaintiffs rely, however, upon the allegation that Andrew Ludlow, Jr., was mentally incompetent to execute the power of attorney given to Hoffman in 1883, or to ratify the deeds executed by Hoffman to Ludlow’s mother in 1893, and further that the will of Nancy Hoffman was procured by undue influence exercised by defendant as part of a general scheme to secure possession of Ludlow’s property. The evidence relied upon to establish mental incompetency is the testimony of a number of witnesses to the effect that Ludlow led a dissipated and immoral life and was the victim of excessive use of liquor and drugs, rendering him physically and mentally incapable of attending to his business affairs and of understanding the nature of the papers he executed. The testimony shows he had been in a sanitarium on different occasions and that he used liquor, opium and morphine to excess. There is, however, a total absence of evidence that he was under the influence of either liquor or drugs at the time he executed the power of attorney and ratified the conveyance of the property to his mother, nor is it a reasonable inference from the evidence that his mental condition was such during the entire period of 19 years from the date of the ratification to the date of his death as to make him incapable of disaffirming his act, if not a voluntary one. On the contrary, during this entire time he accepted the consideration for the conveyance in an amount largely in excess of the value of the property at the time of the conveyance. In the meantime, previous to executing the
The evidence offered to show undue influence exerted by defendant also falls far short of the required standard of proof. The circumstances leading up to the execution of the conveyance indicate the act was the natural and reasonable result of the dissolute and spendthrift habits of Ludlow and a wise protection taken voluntarily by him to secure his estate from being squandered. It tends to show a recognition of his weakness and the exercise of good business judgment on his part. The testimony of defendant, called as a witness on behalf of plaintiffs, is that he wrote the original power of attorney at the request of both Andrew Ludlow and his mother, that deeds might be executed in Andrew’s absence, it being the latter’s habit at that time to travel about the country and return home only at intervals. Hoffman also testified, and in this respect he is uncontradicted, that the deed conveying the property to Mrs. Hoffman in 1893 was executed at the express request of Andrew Ludlow, and, upon the witness objecting to sign deeds when Andrew was present and could have signed for himself, the latter stated he had been threatened by a breach of promise suit and for this reason wanted all his property conveyed to his mother. Conceding, for the purpose of argument, the contention of plaintiff that Hoffman occupied a confidential relation toward Ludlow, for whom he had acted in the capacity of attorney on different occasions,
Appellants contend further that the benefit defendant received under the will of his stepmother was part of the general scheme to defraud Ludlow. We find absolutely no evidence to support this allegation. The evidence as to the making of the will is uncontradicted and shows defendant had no part in its preparation and was without knowledge of its existence until after Mrs. Hoffman’s death. The will was drawn at her request and the dictation of the latter’s attorney, now president judge of Warren County, who retained it in his possession until her death. The provisions in the will were natural ones and took care of every member of the family, especially of Andrew Ludlow, whose children were made the residuary legatees. It also provided for carrying out the agreement for the support of Ludlow during his lifetime; a provision fully performed by defendant as executor and trustee. Certainly nothing appears from this state of affairs that can be construed as evidence of improper influence exerted upon the mind of the testatrix.
The findings of the court below are amply supported by the testimony and, as has been frequently stated, in such case we will not reverse: Anthracite Lumber Co. v. Lucas, 249 Pa. 517.
The decree is affirmed at costs of appellants.