189 Iowa 206 | Iowa | 1920
George W. Gilbert was a long-time resident of Jasper County. In his more than 50 years of residence, he had acquired considerable property, comprising several hundred acres of land and city property. His family consisted of his wife a.nd seven children. His wife obtained a divorce from him in December, 1904, on the ground of desertion, alleged to have occurred in 1902. Jacob and Amanda Ruggles are husband and wife. Jacob first became a hired man to Gilbert in 1891, for a period of about one year. Some time later, and about the year 1890, he again entered the employ of Gilbert, and, except for a break of one year, continued in such employment until after the events herein involved. During such employment, he occupied the house on one of Gilbert’s farms. After the divorce, Gilbert boarded and lodged at the Ruggles home, and so continued until shortly before his death. Gilbert’s occupation consisted in the operation of his farms and in the management of a certain mill property in which he was a part owner. The record shows without dispute that, at all times prior to 1910, he had been prudent and successful in all of his business affairs.
The complaint of plaintiffs is that, on April 8, 1910, he conveyed to Jacob and Amanda Ruggles, without consideration, 100 acres of land; and that, afterwards, on April 11,
At the time of the divorce, Gilbert conveyed to his wife $50,000 worth of property, including the home farm of 240 acres. The divorced wife died in 1906, intestate, and her children took her estate. Upon their application, the father was appointed administrator, and as such administered and distributed the estate among the children. He died April 6, 1918, leaving an estate of about $150,000. No other improvident act is charged against him, either in pleading or evidence, than the two conveyances already referred to.
The two conveyances complained of were not contemporaneous. It is necessary, therefore, to consider them separately.
I. We turn first to a consideration of the conveyance to Jacob and Amanda Euggles of April 8, 1910. The question of Gilbert’s mental condition will be considered in the next paragraph; in connection with the conveyance of 1914. We shall not dwell upon it at this point, further than to say that our finding on this question, as of this date, is adverse to the plaintiffs. The immediate facts attending the making of the conveyance of 1910 are of such a nature as to fully refute the complaint of plaintiffs in relation thereto.
It is made to appear that, in May, 191,4, Mrs. Anderson, one of the daughters of Gilbert, and now one of the plaintiffs, began a proceeding in the district court of Jasper County for the appointment of a guardian for her father, on the ground of mental incapacity and that he was squandering his property. These grounds were predicated upon the two conveyances now under attack. A temporary guardian was appointed eso parte, which appointment was after-wards set aside, upon motion. While this proceeding ivas
The large valuation of $70,000 which plaintiffs fix upon this farm is predicated upon present values, and not upon its value in 1910. The price actually paid for it at that time was $21,800. Gilbert exacted from the grantees neither more nor less than one half of such purchase price. We find, therefore, that, so far as obtaining the title from Gilbert for one half of such farm is concerned, there ivas no room for the operation of undue influence.
II. The conveyance of April 11, 1914, purports to have been made for the consideration of $1.00 and love and affection. The grantees were the four youngest children of Jacob and Amanda Ruggles, ranging in age from one year up. They were all minors. The conveyance reserved to the grantor a life estate. The 100 acres conveyed thereby ivas the other one half of the Kingdom farm. After the conveyance of April, 1910, the Ruggles moved upon this farm, and Gilbert made his home there with them. The effect of the conveyance Avas ultimately to convey the entire farm to the Ruggles family.
In the deposition of Gilbert hereinbefore referred to, he Avas fully interrogated concerning this transaction. He emphatically re-affirmed it as a gift, and stated: “I put it just Avhere I wanted to.” There is no question of the character of this conveyance as being one of gift. The question of mental incapacity or undue influence has controlling importance. So far as the question of mental incapacity goes, the principal evidence is directed to the period of Gilbert’s last illness, which covered about six
There was evidence on the part of plaintiffs which fairly established the fact that the underlying cause of the defendant’s throat trouble and of his fatal illness Avas syphilitic. The contention of mental incapacity is founded largely upon this fact. It is indeed an important fact, but does not dispense Avith the necessity of proving mental incapacity in fact on the part of the patient. The evidence is very slight indeed of any abnormal mental condition on the part of Gilbert, prior to April 11, 1914. The parties in interest, as Avitnesses, testified to circumstances in April, 1914, which might be regarded as tending to prove such fact. If such evidence Avere to be deemed literally true, we could not deem it sufficient, as proof of mental incapacity. Making due alloAvance for the interest of the Avitnesses, and for the inaccuracy of the memory as to details, Ave are very clear that little Aveight can be given to it. Many disinterested witnesses were examined on both sides. Among these Ave find none aaTlo transacted any business with Gilbert up to the time of his last illness Avho discovered any lack of normal mentality.
Upon the whole record, Ave are clear that the plaintiffs have failed upon the issue of mental incapacity