184 Mich. 663 | Mich. | 1915
Complainants in this cause filed their bill of complaint in the Kent circuit court, in chancery, setting up fraudulent conduct on the part of defendants, and praying that defendants be enjoined from prosecuting certain lawsuits against them, and also to restrain them from parting with a certain contract set forth in the bill of complaint, or attempting to collect anything under said • contract from the complainants, and that said contract be declared null and void, the same to be delivered up to be canceled, also for an accounting between defendants and complainants and the estate of John Layer, deceased, who was the father of the parties to this suit, also praying that certain destroyed contracts mentioned in the bill of complaint be re-established, and an adjustment of the respective rights and interests of the parties to this suit be decreed to avoid a multiplicity of suits, and for general relief.
The dispute in this case is one between the members of the same family, the heirs of one John Layer, Sr., who died testate in August, 1910, aged 86 years, having made a will on May 3, 1906. His estate was. duly probated, leaving the sum of over $36,000. to be distributed after paying expenses of administration. By the provisions of the will defendants were given the nominal sum of $10 each in addition to certain advancements made to them, and the balance of the estate, including advancements, to be divided equally among the remaining children. Three of the heirs of John Layer are not parties to this suit, namely, Daniel Layer, Catherine Loree and Lydia Simpson. It will not be necessary to set forth a copy of the will in this opinion for the reason that there is no controversy upon the will. By reason of the practical- dis
The following undisputed facts would better be stated in this connection: About eight years before his death John Layer, Sr.j and his wife, the mother of these children, went to make their home with the defendant Emma Klipfer and her husband, where they lived 14 months, when the mother died. A few months after the mother’s death the father had a disagreement with Emma and her husband and then went to live with the defendant Jacob Layer, where he remained about one year, when they disagreed and the father left. He then went to live with his son John Layer, where he remained until his death. Before deceased, John Layer, Sr., left the home of Emma Klipfer two settlement agreements were entered into and signed by them, dated July 6, 1904. These are of the same import and do not require to be stated at length. They purported to be a mutual settlement of all matters between them, including the purchase and sale of a farm and a receipt for full payment of the farm and release from all liability to support him and for care and support of himself and deceased wife. These writings made no reference to the estate of John Layer, Sr. When deceased left Jacob’s home
The grounds upon which defendants proposed to contest the will were mental incompetency, undue influence, and insane delusions. The negotiations between the parties were not completed on September 22, 1910, but were renewed on the date fixed for the probate of the will and. resulted,' on that date, September, 27, 1910, in an agreement of settlement, in which all joined. This new agreement was reduced to writing and was signed by all of the heirs of said deceased. It reads as follows:
“This memorandum of agreement made and entered into by and between Jacob Layer and Emma Klipfer, known as parties of the first part, and David F. Layer, Catherine L. Loree, Lydia Simpson, Daniel W. Layer, John H. Layer, and Christian Layer, hereby known as the parties of the second part, each for himself, separately and individually, on this 27th day of September, A. D. 1910, witnesseth: Whereas, _ the said above-mentioned parties are each and all direct heirs of one John Layer, now 'deceased; and whereas, the said John Layer, deceased, did on the 3d day of May, 1906, execute and make a certain instrument, purporting to be his last will and testament, which said will is now offered for probate in the probate court, in the county of Kent and State of Michigan; and whereas, the said John Layer, deceased, did in his said will make certain provisions for the said above described heirs, in and to the property which he would die seised; that in said will he provided that the said first parties, Jacob Layer and Emma Klipfer should have of his said estate, the sum of $10 each; and whereas, the said first parties were about to contest said will in said court, and about to file objections to the probate of said will:
“Now, therefore, each and all of the said parties being desirous of settling said estate in an amicable manner, and without any lawsuit or contest in court, said first parties hereby agree not to contest said wifi in any court and allow the same to be properly pro
“Each of said second parties hereby agree for and in consideration of the above undertakings and promises of said first parties to pay to each of said first parties a sum of money equal to one-eighth of said estate after the debts and expenses of administration are fully paid minus $1,000.00, after the advancements heretofore made to Jacob Layer of one thousand dollars, and the advancements of thirteen hundred dollars made to Emma Klipfer have been properly credited to said estate in like manner as the various advancements made to each of the parties of the second part has been credited to said estate. The meaning of this agreement in this particular is that each of said second parties shall pay to each of said first parties their equitable portion of said sum of money to be paid to said first parties as aforesaid, after said second parties receive their share of said estate under said will.
“In witness whereof we each for ourselves have hereunto set our hand and seal on the day and year first above written.
“Jacob Layer.
“Emma Klipfer.
“Catherine L. Loree.
“Lydia Simpson.
“Daniel W. Layer.
“David Layer.
“John H. Layer.
“Christian Layer.”
After the foregoing settlement was made and agreed upon, counsel for defendants consented to the admission of the will to probate, and defendants did not contest the will or present any claims against the estate of John Layer, deceased. The record shows that the probate files in the matter of the estate of John Layer were offered and received in evidence,
The principal question in the case relates to the validity of the contract in question entered into between the defendants and all the other heirs of John Layer, Sr., deceased. Complainants attack its validity upon three grounds: First, that there was no consideration; second, that the contract was fraudulently procured by the defendants; third, that it is void for uncertainty; that it is contradictory and indefinite.
We may consider the first and second grounds together. It would seem that the principal ground of fraud is based upon the claim that complainants were not aware at the time they entered into this agreement, that deceased had certain settlement receipts from defendants which were given by them at the time he left their home. These receipts, taken in con
“Said first parties [the defendants] hereby agree not to present any claims against said estate for the care of said deceased, or other claims whatsoever.”
The complainants claim that they had no knowledge of the existence of these receipts until after the settlement was made, and would not have entered into the contract had they known of them. Either one or both of the receipts were found in the safe of the deceased and were, after his death, in the possession and control of two of the complainants, who were named executors in the will. The clause above quoted, contained in the agreement as finally executed, was not part of the agreement first offered as a settlement by these defendants which the complainants refused to execute. It is contained in the final agreement, which the undisputed record shows was submitted to complainants’ solicitors and signed in their office in the presence of one of them by the complainants, after having advised with him upon the matter, and there is no proof in the record that defendants had ever received anything from the deceased father which should be charged against them in the distribution of the estate except the advancements which were known to complainants. As to the receipt given by the father to his son Jacob, there is no evidence in the case which indicates that it was anything more than a receipt for 'board. Had these writings, including the one given to Jacob, been all of the said character, neither one of them would furnish any legal ground upon which complainants would have a right to repudiate their contract.
Complainants in their brief claim that the contract as executed is not the contract which they intended
It appears from the record that the defendants had intended to contest the probate of the will and had so stated, and undoubtedly had also stated they would do so if the matter could not be adjusted amicably. In taking this position they were strictly within their legal rights and such statements do not amount to duress or even threats if made in good faith.
There is nothing in the record to show that the position of defendants in this matter was not founded upon an honest belief that they had a right to contest the probate of this will. On the contrary, the evidence in the case indicates that the condition of the father mentally was of such a nature that there was talk in the family of having a guardian appointed; that at times he indicated mental unbalance; and also evidence indicating great influence had over him by the wife of complainant John Layer.
The courts, as a general rule, favor the settlement of disputed matters and controversies, and more particularly are. the settlements of disputes among those interested in the estates of deceased persons favored. It is a well-settled rule of law in this State and many other States that a promise to forbear the contest of a will, when made in good faith, is a sufficient consideration to support a contract. Conklin v. Conklin, 165 Mich. 571-580 (131 N. W. 154).
This agreement was not void for want of consideration, nor was it void for ambiguity and uncertainty. We agree with the learned circuit judge that it should be enforced.
The decree of the circuit court is, in all respects, affirmed, and a decree will be entered in this court of like terms and effect, with costs of both courts in favor of defendants and against complainants to be taxed.