144 P. 133 | Or. | 1914
delivered the opinion of the court.
This is a bill in equity, having for its purpose the annulment of a deed executed by James Williams to defendant on April 27, 1910, conveying to her about 15 acres of land near the town of Scio, in Linn County. Plaintiff is the mother of defendant and the daughter of James Williams. The substantial averments of the complaint are: That, on the date of the execution of the deed, James Williams was 90 years of age, greatly enfeebled, and mentally and physically incapacitated to transact business; that in 1908 plaintiff, who was living with and performing the household duties for James Williams, was stricken with paralysis, rendering her completely helpless; that, by reason of their misfortunes, James Williams then sought the assistance of defendant, who responded, and as a reward thereof obtained a deed to one acre of land; that, for a measure of time prior to the execution of the deed in controversy, defendant threatened to leave the home of James Williams and plaintiff, and, taking advantage of their utter helplessness, did importune and persuade James Williams to execute and deliver to her
Defendant in her answer relies upon two defenses, namely: A general denial and a separate defense to the effect that James Williams made the deed to defendant in consideration of services rendered and the further consideration of love and affection; and that the deed was made with the acquiescence of plaintiff. The reply denies all the allegations in the answer. The Circrnt Court tried the cause and rendered a decree canceling the deed, and, from this action, defendant appeals.
Plaintiff’s case is built upon three propositions: (1) Failure of consideration; (2) mental incapacity of the grantor, James Williams; (3) undue influence and coercion exercised by defendant over the mind of grantor. The instrument by which defendant obtained title to the premises contains upon its face the following clause:
“The grantee to hereafter pay all taxes assessed or levied on or against said premises. This conveyance is made with the express understanding and condition that the said James Williams, grantor herein, reserves the right of the free use, occupancy and control of said premises and to receive the rents and profits thereof during his natural life, and if my daughter Martha Houston should survive me then the conditions above mentioned shall extend to her during her natural life; that the possession of said premises shall not pass to the said Orpha Henningsen, grantee herein, until after*307 the death of the grantor herein, and after the death of my said daughter Martha Houston, to have and to hold the said premises, with their appurtenances, unto the said Orpha Henningsen, her heirs and assigns forever, after the death of the grantor herein, and after the death of the said Martha Houston.”
The evidence in this case is voluminous; consequently we shall state generally our conclusions, and shall not attempt to support them by reference to a considerable part of the evidence. The decided impression which the testimony makes upon our minds is that James Williams, at the time he executed the conveyance, was guided by a mind sufficiently capacitated to render his acts voluntary.' While bowed by the weight of years and the disabilities attendant thereon, James Williams yet possessed sufficient capacity and understanding to comprehend the nature and effect of the transaction under examination. Nor do we think the influence exerted by defendant was of that force and efficacy calculated to deprive the grantor of his free agency.
“I asked him [James Williams] some questions if he found everything to be all right — if it suited him? He said, ‘Yes, it had come to a point where we have got to have help, and I have got confidence in humanity enough yet that she [defendant] will do what she says she will do. ’ ”
Without doubt, this statement of the old gentleman that “defendant would do what she says she will do,” referred to the contract for support which plaintiff asserts was made with and subsequently violated by defendant. As fortifying this belief, we observe the further statement of James Williams as related by Mr. Shelton:
“Q. Was anything said what she [defendant] was going to do for that deed?
“A. That she was going to care for him as long as she lived.
“Q. Was anything said about caring for her mother?
“A. Yes, there was nothing said as to time. The mother said that that would be a consideration to be considered thereafter. ’ ’
The evidence is that the property has a value ranging between $2,500 and $3,000, and it cannot be supposed that James Williams would have vested the ultimate fee of the property in defendant as a gratuity, save the burden imposed by the annual payment of taxes, unless he had made a contract with defendant for the support of himself and his paralytic daughter.
Defendant, speaking upon her part of the case, says: That plaintiff, yielding to a stroke of paralysis in 1907, sought her assistance. That, going to the home of James Williams, she found three old people all seriously afflicted; the grandfather with age, her mother' with paralysis, and an uncle with consumption. Confessedly defendant did her part in the amelioration of their suffering and in caring for their needs, remaining until March, 1908. In May following, and after the death of her uncle, she returned, and, from that. time until her final abandonment, defendant remained at the home of James Williams and performed her part of the work. In the spring of 1908, James Williams conveyed to defendant an acre of land near the town of Scio, which was of a value in excess of $250, and which defendant testifies came about as follows:
“We were at the breakfast table one morning, and my grandfather said, 'You wanted to buy that acre of land, and think you could make a little off it’; and he said, ‘ To encourage you to stay and do for us, I will give you that acre of ground.’ ”
Justifying the execution of the deed to the land in question and the consideration moving therefor, defendant recounts that in 1910 she was working in Portland in the capacity of a saleswoman with wages of $10
“I asked him if he was willing to have things fixed in some way that he would be assured of a little something, and he said he was, so it was made out. I went to Scio and asked Mr. Shelton about fixing up some papers. I didn’t know whether it would be put in the form of a deed or just how the papers would be drawn up, so he came down and talked it over with Grandpa. ’ ’
On the following day, defendant left for Portland, resigned her position, and returned to the home of her grandfather, where she remained until April, 1911, when she finally left the home, assigning, as a reason therefor, the interposition of a family disturbance caused by her sister (Mrs. Blakely), and the refusal of plaintiff to accord her fair treatment or to speak to her. Defendant states positively that there was no contract ever entered into between James Williams and herself, having for its purpose the support of her grandfather or her mother, and that she told her grandfather and her mother that she would return at any time upon their request. It cannot be said that all was serene at the home of these people. One of the witnesses, Dean Morris, speaking of defendant’s demeanor about the home, said that he had seen defendant wax angry and “cuss” her.mother, saying that “She would do as she damn pleased.”
Modified. Rehearing Denied.