323 Mass. 610 | Mass. | 1949
This is a petition filed in the Probate Court for Worcester County by the conservator of one Wood, to set aside a conveyance of two parcels of land to his daughter, the respondent, made on September 6, 1945. The respondent appealed from a decree reciting that there was no consideration for the conveyance and that Wood at the time
These recitals in the decree as to want of consideration and lack of mental capacity are amply supported by the findings of material facts made by the judge. We do not understand that the respondent now makes any contention to the contrary. The findings of material facts bring the suit within the principle that a deed of an insane or mentally incompetent grantor is ineffectual to convey title to land good against the grantor, his heirs or devisees, unless ratified by the grantor, if subsequently restored to sound mind, or by his conservator or guardian thereto duly qualified or by his heirs or devisees. Sutcliffe v. Heatley, 232 Mass. 231. Brewster v. Weston, 235 Mass. 14. Hermanson v. Seppala, 272 Mass. 197. Cleaveland v. Malden Savings Bank, 291 Mass. 295.
The petition, which should have been brought in the name of the ward by the conservator,
The petitioner contends that, as the payment was not made at the request of the ward or with his knowledge or consent, the respondent is not entitled to reimbursement. It is true that a mere volunteer or intermeddler would not be entitled to reimbursement for the taxes paid. Massachusetts Mutual Life Ins. Co. v. Green, 185 Mass. 306, 307. Foote v. Cotting, 195 Mass. 55, 61. Newell v. Hadley, 206 Mass. 335, 342-343. But in this case the only rational inference that can be drawn from the findings of the judge with reference to the payment of taxes by the respondent (Distasio v. Surrette Storage Battery Co. 316 Mass. 133, 135) is that she released the property of her father from an adverse interest in the mistaken belief that she was thereby discharging a lien upon property which she thought she had acquired by a good conveyance from him. She had the color of title and was not a mere intermeddler or volunteer. In these circumstances she is not barred from reimbursement. Dayton v. Stanard, 241 U. S. 588. Clark v. Knox, 32 Colo. 342. Swingley v. Riechoff, 112 Mont. 59. Grosch v. Kessler, 256 N. Y. 477. Central Wisconsin Trust Co. v. Swenson, 222 Wis. 331. Utah State Building & Loan Association v. Perkins, 53 Utah, 474. Restatement: Restitution, § 43. If an insane person has in his possession or control the consideration or its proceeds or the benefits which accrued to him out of the transaction which he seeks to set aside, he should upon the granting of rescission be required to restore to the other party what he derived and still has from the transaction. This limited duty to make restitution in no way interferes with the purpose of the law in permitting the rescission of contracts by those who are unable to protect themselves. It merely prevents the incapacity to enter into a contract from resulting in an unjust enrichment. The claim for restitution is good only to the extent that it can be satisfied out of what the ward still has from the transaction. Here the claim is based upon the benefit con
We do not agree with the contention of the respondent that the rights which she acquired by the payment of the tax can be determined only in the Land Court. The Probate Court has jurisdiction to appoint conservators and over all matters cognizable under the general principles of equity jurisprudence relative to the estates of the wards. G. L. (Ter. Ed.) c. 204, § 1; c. 215, § 3, § 6, as amended by St. 1939, c. 194, § 2.
An amendment to the petition is to be allowed substituting the ward as petitioner instead of the conservator. Ryan v. McManus, ante, 221, 232.
The petition should be further amended by making the respondent’s husband a party respondent and, upon the allowance of such an amendment, the petition is to be further heard on the issues between the petitioner and him. The findings heretofore made against the respondent wife are to stand as to her. J. J. Newberry Co. v. Shannon, 268 Mass. 116, 120. Lang v. Giraudo, 311 Mass. 132, 139-140.
The final decree is reversed, and such new decree is to be entered as is required by the facts as finally settled; but if no new facts are found in addition to those already found or if facts are found which do not adversely affect the ward’s right to relief, a decree is to be entered providing that, upon the payment of the amount found due to the respondent wife together with interest within a time to be fixed by the Probate Court, the conveyance from the ward is to be adjudged null and void, the respondents ordered to execute and deliver to the ward a good and sufficient deed of the premises and the respondents enjoined from asserting any rights under the instrument which the respondent wife re
So ordered.
Chase v. Faulkner, 307 Mass. 404. Greeley v. Flynn, 310 Mass. 23.