46 W. Va. 410 | W. Va. | 1899
This is an appeal from a'decree of the circuit court of Putnam County dismissing a chancery suit brought by Sarah Farnsw’orth against Simon Noffsinger. The bill states that by deed dated 31st of October, 1889, Farns-worth conveyed to Noffsinger all her interest in a tract of two hundred and fifty-four and three-quarters acres of land in Putnam County in consideration of fifty dollars in hand paid, and fifty dollars to be paid annually during said Farnsworth’s life, and the further consideration that Noff-singer should board Farnsworth during her life, and provide suitable furniture for three rooms for her use and occupancy in the residence house on said -tract during her life, and pay her funeral expenses; that said deed also conveyed to the said Noffsinger all the personal property on the said farm, consisting of cattle, hogs, farming implements, and household and kitchen furniture; and that
First, let us see whether Mrs. Farnsworth can overthrow the deed on the ground of mental incapacity. In the first place, she was not an aged woman, and we cannot say that age detracted from her capacity. We must remember, as a first point here, that the presumption of law is that the grantor in a deed was sane and competent to execute it at the time of its execution. Delaplain v. Grubb, 44 W. Va. 612, (S. E. 201.) It is useless to detail evidence here. There is considerable evidence by nonexpert witnesses that, owing to her recent bereavements, Mrs. Farnsworth was incompetent to execute the deed; or it would be more proper to say, not that she was incompetent from insanity or inherent weakness of mind, but that by reason of distress she was not in fit condition to transact important business prudently or with proper regard for her own interests, as that is the full effect of such opinion evidence, and all that the witnesses who give it mean, as a reading of the evidence fairly shows. Therefore this evidence does not establish insanity or mental disability to overthrow a party’s acts, taken at most. But I will add, as to this opinion evidence, the legal consideration, well established, that “the mere opinions of witnesses not expert are entitled to little or no regard, unless supported by good reasons, founded on facts which warrant them; and if the reasons and facts upon which they are founded are frivolous, the opinions
Next, as to fraud, importunity, and undue influence. There is absolutely nothing adequate to sustain this charge as to this deed. The evidence of the plaintiff herself will not. The evidence of fraud to set aside a deed must be strong and convincing. Whittaker v. Improvement Co., 34 W. Va. 217, (12 S. E. 507.) The evidence of undue influence must be so strong that it shows that the party had no free will, and that it destroyed free agency and substituted the will of another for that of the party acting. Delaplain v. Grubb, 44 W. Va. 612 (30 S. E. 201). Mrs. Farnsworth was the owner of this farm. She had not a soul to manage it. How could she do so? She had not a soul in the house with her. How could she endure the loneliness and desolation through the nights and days and months and years of the aging period of her life? Could she even make a living upon the farm? Though she might get a tenant, he would be a stranger to her, and not give the comfort arising from acquaintance and relationship. Under these trying circumstances, this lady tried to' effect an arrangement wilth a nephew, McCallister, to get him to come and live upon the farm, exactly on what terms does not clearly appear; and, failing in this, she applied to another nephew, the defendant, Noffsinger, for relief. He was the railroad and express agent at Red House, where he owned his own home, and earned a certain living of five hundred and fifty dollars a year as agent. He had a wife and two children. His aunt' certainly importuned him to make some arrangement with her. It is by no means proven that he importuned or even first suggested any arrangement with her, oir pursued the object after she suggested it. She says she called .several times at his railroad office to.see him about it. She says, now, that he told her that she was to have all the personal property, and that there was an article which would render the deed void if he did not live up to it. But there was the deed to speak for itself, telling a different tale. She must have gone by it. Noffsinger says he handed it to her, and that she had it two weeks, before she acknowledged it, for examination and advice. She admilts that he handed it to her in the yard while moving, and that she had it several days before she executed it. She complains that he told her that, if it was not executed, he
Now we come to the written agreement of the 3rd of August, 1891. From some cause Mrs. Farnsworth became dissatisfied. As is frequently the case, one house became too small for two families. Discontent sprang up. At her request this subsequent agreement was signed by both. It is said to work injustice and hardship upon Mrs. Farnsworth, because it leases the farm to her for her life, releases her nephew from the obligations imposed upon him by the deed, makes her pay him rent, and leaves him the personal property conveyed by the deed and the remainder in fee in the land. At first blush it does seem a hard bargain. The deed I do not regard to be a hard and unequal bargain; but I cannot say the same as to this agreement. A hard bargain it may be; but here we encounter solid legal principles, essential to the capacity to make contracts land of the rights of parties under them. “Where the legal capacity of the grantoir to make a deed is shown, and there is no fraud or undue influence established, he has the legal right to make an unjust, unnatural, or unreasonable conveyance of his property.” Hale v. Cole, 31 W. Va. 576 (8 S. E. 516). If there is no fraud or undue influence, and the party has sufficient understanding to comprehend the business and consents freely to the special matter, the act cannot be impeached, “however unreasonable, imprudent, or unaccountable it may seem to others.” Jarrett v. Jarrett, 11 W. Va. 584. But before we brand this contract as hard upon Mrs. Farnsworth, we must look at Noffsinger’s side of it. Having the advantage of the deed, having a home on the land, having commenced operations there, having given up his home at Red House, and his position, which would
I will close this opinion by saying that there is a considerable amount of evidence on both sides, and that it is in material points conflicting, and the circuit court has passed upon it all, and for that reason alone, besides others above given, this Court is justified in refusing to reverse the decree. The parties must stand where their contracts have placedl them, though now Mrs. Farnsworth has changed her mind. I cite the case of Lipscomb v. Love, 38 W. Va. 546, (18 S. E. 732,) and Judge Dent’s opinion on page 548, 38 W. Va., and page 732, 18 S. E., to sustain this holding, and to show the binding force of the party’s own deeds and writings, and that this Court has no power to release Mrs. Farnsworth therefrom. I might add, under principles stated in Whittakr v. Improvement Co., 34 W. Va. 217, (12 S. E. 507,) that, even if there were fraud and undue influence, the delay of Mrs. Farnsworth from October 31, 1889, to February 24, 1897, would defeat this suit under the doctrine of laches, and I think that second agreement ratified the deed, and estopped her from attacking it. If .any fraud, she condoned it. Dewing v. Hutton, 40 W. Va. 521, (21 S. E. 780.) Decree affirmed.
Affirmed.