185 A.D. 134 | N.Y. App. Div. | 1918
Lead Opinion
Section 10 of the Decedent Estate Law (Consol. Laws, chap. 13; Laws of 1909, chap. 18), in harmony with section 15 of the same act, provides that “ All persons, except idiots, persons of unsound mind and infants, may devise their real estate, by a last will and testament, duly executed, according to the provisions of this article,” and if the statutory provisions are to have any substantial value, and this right is to be preserved, it is important that the issues should be tried
A careful reading of this record convinces me tl at the will of Sophia Morison should have been admitted to probate; that there was no evidence, entitled to consideration, which could justify the answers to the four questions propounded, and that the court erred in its charge to the jury. While there was no exception to the charge, the proponents did, on the coming in of the verdict, move for a new trial upon the grounds stated in section 999 of the Code of Civil Procedure, and the question is still open to them. (Lesin v. Shapiro, 147 App. Div. 100, 104.) The nature of the case, the scope of the evidence, running through the entire life of Sophia Morison, who died at the age of fifty-two years, makes any error in the charge of the court of great importance, and it seems fitting, before entering upon a discussion of the trifling character of the evidence, and the distortions to which it has been subjected, to call attention to the attitude of the learned trial court, as evidenced by the charge to the jury. It is perhaps well to state, at this point, that there is no question raised that the will in question was executed in the form required by the Decedent Estate Law (§ 21), although the jury found to the contrary, practically upon the instruction of the court that all of the first three questions must be answered in the same manner, on the theory that if the testatrix was of unsound mind, or if the will was the result of undue influence, it could not have been legally executed, no matter what its form. This, of course, might be true as a matter of law, but the question fairly contemplated whether the will was drawn in the form prescribed by law, and, if it was, this was one of the conditions precedent to a valid will, and should be recognized as such. (Decedent Estate Law, § 10.) Such a question ought not to have been submitted to the jury in any event; it was a pure question of law whether the instrument conformed to the requirements of the statute, and in a case of this character fine distinctions ought to be avoided that the jury may devote itself entirely to the legitimate function of determining controverted facts.
The paper offered for probate not only conformed to all the requirements of the statute, but upon its face shows an
The record shows that many years ago Mr. Corneille was the pastor of the church attended by the parents of Sophia Morison, and he appears to have been a friend of the parents and of Sophia, and this attitude, shared by Mrs. Corneille and her children, appears to have continued through the years. Nothing in the evidence tends to show that this was anything more than an honorable and honest friendship, such as
Counsel for the proponent interrupted and called the attention of the court to the fact that Mr. Corneille left the
This is obviously not the law; it is certainly not the rule as between husband and wife — the most confidential relation known to the law — nor does it extend to the friendships existing between people, where no fraud is practiced. “ The law presumes in the case of guardian and ward, trustee and
' While the rule is stated positively in reference to guardians, trustees and attorneys, it is said that it perhaps includes the physician, but no suggestion is made that it extends to a minister, simply because of his profession, and where he is not shown to be the spiritual adviser. The learned court concedes, in continuing the charge, that “ Mr. Corneille was not the minister of Miss Morison, and had not been for years; he could not fairly be denominated, I take it, under the principle of this case, as her spiritual adviser,” which would clearly exclude him from the class of relationships which give rise to any adverse presumption. “'But,” the court continues, “ he was, as the evidence shows, a person who had a very close and confidential relation existing with her, and that relation had been established by this long acquaintanceship, and by the fact that he had known her many years before, and had kept up that acquaintanceship. It is shown, not only by the correspondence between them, but by the correspondence between the wife and by the letters of the
And it is to be observed that this alleged “ close and confidential ” relationship, which had existed for years, was apparently found by the same jury which found that Miss Morison was of unsound mind and incapable of making a will. This insane and irresponsible woman, full of strange conceits, changeable, erratic and generally unattractive, we are asked to believe was at the same time capable of a sustained relation with Mr. Corneille which made it obligatory upon him to show to the satisfaction of -the jury that he did not supervene in the making of this instrument and cause it to reflect his will rather than that of Miss Morison. The two propositions are wholly inconsistent with each other. Either this woman was not an erratic, changeable and vacillating lunatic, incapable of making a will, or she was not capable of the “ close and confidential ” relationship which the court charged as existing. A close and confidential relationship existing for years with a lunatic is unthinkable; it presupposes a continuity of responsible thought and action, which is impossible to a person of unsound mind, and the holding of the jury that there was undue influence, resting upon the ground work of this alleged close and confidential relation on the part of one whom they have adjudged to be a lunatic, shows conclusively that they must have had a prejudicial viewpoint, the foundation of which must be found in the charge. If the jury erred in finding her to be mentally incapable of making a will, and it be assumed
The evidence is to the effect that nearly three months after Mr. Corneille had left the hospital, and, so far as appears, without having seen him in the meantime, this alleged lunatic sought out the secretary of the Methodist Hospital and went to the office of reputable attorneys, occupying a recognized position at the bar, and there dictated the terms of a will which is in all respects such an instrument as would be expected under all the circumstances. She told her attorneys the amount of her property, which the evidence discloses to have been an intelligent estimate of the value of her estate; she made specific bequests to her brother and sister, explaining that the amounts were purposely small, owing to the troubles which they had caused; she made a substantial bequest to her niece; she made other bequests to friends in Washington, and gave a substantial sum to a Methodist church and a like sum to the hospital where she had been treated, and the remainder she gave to her friend, Mr. Corneille. And why not? Her brother and sister had been engaged in litigation with her over the estates of both her father and her mother; there had been an estrangement of long standing, and she had within a short time entered into a contract with them for the settlement of the controversy and of all outstanding claims, evidently contemplating a closing of all matters between them. They had treated her at arm’s length; the settlement was made through the agency of attorneys on both sides, and the transaction, of course, proceeded upon the basis of the capacity of Miss Morison to enter into contracts. The settlement had in it none of the elements of a reconciliation; it was purely and simply to be rid of the annoyance and expense of the litigation, the parties dealing as strangers and as equals, by their respective attorneys. Was there any reason why, having fixed her legal rights by means of a compromise contract, she should, in contemplation of death, turn it over to these troublesome relatives? What would an entirely normal person have done under these circumstances?
There is some evidence in the case that Mr. Corneille had informed the'Methodist Hospital, at some time, that he had a friend who desired to make a gift to it, or that she was likely to do so, but there is no evidence whatever that he ever importuned her in reference to such a gift, and there is no evidence whatever that he ever made any request that she should make him a beneficiary, though there is no legal reason why he might not have done so within the limitation that such request should not be persisted in to the extent of dominating and controlling the will of the testatrix. There is no law which forbids a friend to present his claims for preferment in the final disposition of the estate; certainly no law which forbids a friend performing kindly offices and accepting the bounty of his friend, and the effort to degrade friendship to the necessity of justifying itself in the presence of a bequest, is a perversion of the statutory privilege and ought not to be encouraged by the courts.
Then we are told that as a young girl she was struck by lightning and rendered unconscious, and was after that nervous in thunder storms. That this, together with her disappointment in love, affected her mind, and as she advanced in years her mental condition became more noticeable, although she was always peculiar and the neighbors all thought she was crazy. We are referred to folio 397 for authority, and there
With this foundation, we are told that “ this weak-minded delusion concerning her brother and sister, the Rev. Mr. Edwin Corneille, a Methodist minister, pastor of the Methodist Episcopal Church at North White Lake, N. Y., for a number of years, together with his family, used to convince Sophia that she had reason, indeed, to fear from the presence of her brother and sister,” and folios 1593 and 452 are cited. At folio 1593 we find these words in a letter from Mrs. Corneille to Miss Morison: “ How provoked I feel with Mrs. Fraser [the sister] for coming to bother you, you poor girl you surely have more than your share of trouble. I am glad you did not let her come to take care of you, (I didn’t ever suppose you would.)” Of course, in this fragment of a letter from Mrs. Corneille there must be hidden a deep plot for the serving of the purposes of Mr. Corneille. Then at folio 452 we find this damning revelation as to the conduct of Mr. Corneille himself, by one Charles E. McKay: “ I recall the day after her father died the dominie come there.” Asked “ Dominie who ? ” the witness continued: “Corneille I guess they call him,” and then after identifying the “ dominie ” the witness makes his revelation: “ Miss Morison had said that .
So I might go bn through the record, showing the trivial and inconsequential matters that engaged the attention of the jury and the court, and which affords the basis of this decree, but I have already devoted too much space to the consideration of this alleged evidence. The most that can be said to be established is that the testatrix was a woman of romantic tendencies who had become somewhat soured and suspicious ’of her fellow-men,, but who had at no time failed in the comprehension of her business affairs. She had a full and complete comprehension of her property; understood who were her heirs and next of kin, and these she provided for to the extent of her desires in that direction, and she made a will in all respects in harmony with the life she led and the experiences she had passed through with her brother and sister. This will was executed with due regard to the forms of law, and there, is no evidence in this case which would warrant an unprejudiced jury in reaching the conclusion that there was any undue influence, or to overcome the presumption of sanity on the part of the testatrix at the time of making this will. The verdict of the jury is inconsistent, is against the evidence and the weight of the evidence, contrary to law, and should not be allowed to stand. (Matter of Fleischmann, 176 App. Div. 785; Matter of Ruef, 180 id. 207.)
The decree should be reversed on the law and facts and the matter remitted to the Surrogate’s Court to enter a decree in harmony with this opinion, with costs to the appellant.
All concurred, except Lyon, J., dissenting, with an opinion, in which Cochrane, J., conctirred.
Dissenting Opinion
Sophia Morison died on the 16th day of August, 1915. She was of the age of fifty-two years. She left an instrument in writing, of date March 11, 1915, purporting to be her last will and testament. In this will Otto Brand was named as executor, and he presented and filed in the surrogate’s office
The father and mother of Sophia Morison, with whom Sophia lived, died in 1913. Each left a will by which the greater portion of the property was given to the two daughters. Their brother filed objections to the probate of both wills. He also brought an action against both the sisters in relation to the real estate. The will contests were finally compromised and settled by the sisters deeding to the brother ten acres of land including a mill. As a result of the legal proceedings, the relations between Sophia Morison and her brother were unfriendly. The relations between Sophia Morison and her sister continued friendly. Prior to 1900 the parents were members of the Mongaup Valley Presbyterian Church. During the years 1901 and 1902 Rev. E. Corneille was the pastor of the North White Lake Methodist Church. During the time while he was in charge of that church Sophia Morison and her parents became members thereof. Thereafter Rev. Corneille became Sophia’s adviser, and he and his family remained close friends with her after moving away from White Lake. They visited at her home, and she made them presents of money, depositing money in the savings bank in trust for the wife, and numerous endearing letters passed between them. She advanced a portion of the expenses of educating the son as a physician. The relations between her and the Corneille family were of the most confidential character. In the city
The evidence clearly establishes that she was a nervous, irritable person, changeable to her friends and neighbors, and suspicious of all with whom she was associated or did business, except the Corneille family. The weight of evidence was that she was uncleanly, and odd in her dress. She said she was queer, and asked her physician to give her a statement that she was sane. After her death there was found in her safe deposit box in the bank upon a blank will a statement dated April 20, 1907, purporting to.have been signed by a physician that he had that day examined and found her perfectly sound in mind and body. For a number of years she expressed fear that her brother and a physician were attempting to have her sent to an asylum. At the age of
The Corneilles were present in court, and although they would have been most important witnesses did not see fit to subject themselves to examination.
The trial was had hi May, 1917, before a jury and one of the oldest and most respected justices of this court. It commenced on the fourteenth day of May and concluded on the twenty-second day of May. The record contains 600 pages. The charge occupied 13 pages. At its close not an exception was taken to it by either party. The proponents made two requests- to charge which were substantially complied with. At the close of -the trial the proponents moved to set the verdict aside and for a new trial. The court denied the motion. No complaint is made by the proponents in their brief .of an exception. The case must finally be determined by a jury. No reason appears why another jury would decide the case differently. The case could not be more carefully tried.
The decree should be affirmed, with the costs of the appeal.
Cochrane, J., concurred.