143 Minn. 53 | Minn. | 1919
On February 23, 1909, Friedrich Malehow, a widower 65 years old, and appellant, a widow of 53, were married. He was the father of 12 children, and she the mother of 8. Both were engaged in farming, he in Jackson county, Minnesota, and she in Barron county, Wisconsin. Theii acquaintance began in December, 1908, when he came to her home with a neighbor who introduced them. He remained one day and they talked of marriage, but she told him she did not want to leave her farm as there were debts against it. About two weeks later he returned and spent another day at her home. There was further talk of marriage. He advised her to transfer her farm and personal property to two of her sons, saying that if she married him he would take good care of her and that her two youngest children could come with them to Jackson county-She promised to marry him, and February 23 was set as the date for their marriage. He returned to his home and there was some correspondence1 between them, but none of his letters were preserved. He came back on February 20 and told her he was expecting a paper by mail and that they could not get married until it came. She asked him what it was and he sa“id: “That is a paper * * * that each widow woman has to sign when she got married the second time.” She said she did not have to sign one before, and he replied: “Why that is different * * * when a widow woman gets married the second time they have to sign that paper.” The paper came the day before they were married. She did not read it and he did not explain it to her. They went together to the office of the county clerk of Barron county. She told the clerk she did not know what the paper contained. He then read it to her in Malchow’s presence and asked her if she understood it. She looked as if she did not. He read part of it again and explained that it meant that she would get $2,000 from Malchow’s estate if he died first, and no more. She said that was all right as she had some property and expected to get a good home. It was then signed in his presence and in the presence of the county judge, who took the parties’ acknowledgment. The entire transaction occupied but a short time. The county judge corroborated the testimony of the county clerk, of which the foregone statement is an abridgement.
There were findings that when appellant married Malchow she did not know the extent of .his property and made no effort to ascertain what he owned, but was assured by him that he had enough to keep them; that she had ample opportunity after marriage to learn of his .financial condition, but did not concern herself about it or about the antenuptial contract; that she did not assist him in accumulating any of the property he left; that no misrepresentation or fraud was practiced upon her; that she was fully advised as to and knew the contents of the contract when she signed it, and that she is a woman of good mind and ability and was capable of understanding the nature and effect of the contract in question.
A careful examination of the record has satisfied us that the evidence sustains these findings, and we pass directly to a consideration of the question whether, as a matter of law, the court was right in con-eluding that appellant was not entitled to be relieved from the obligations of her contract.
The contention in .the case at bar is that a constructive fraud was perpetrated upon appellant because Malchow did not tell her what he was worth or what his property consisted of, or what her rights in it would be if she became his widow, and so procured her execution of the contract for an inadequate consideration. Fraud will be presumed when there has been a transaction between persons occupying a fiduciary relation whereby the one in whom confidence is reposed, or who possesses
This case is akin to those cited, in that it is sought to avoid a contract essentially on the ground of constructive fraud, or fraud presumed from the circumstances and condition of the parties contracting. The outcome of actions of this character depends on the presence or absence of influence acquired and abused, or confidence reposed and betrayed. If these elements are present, there can be no valid contract between two persons except after a full and fair communication and explanatiqn of every material particular within the knowledge of the one who seeks to uphold it against the objections of the one who trusted him. The confidential relation, of itself, is prima facie evidence of fraud. Bispham, Prin. of Eq. §§ 231, 232. Inadequacy, or the absence of consideration, is always an important factor. It is present here, for appellant gets, by the contract, but a small portion of what she would otherwise get under' the statutes. Standing alone, it is not sufficient ground for avoiding the contract. No obligation rests upon a man about to marry to secure to his prospective wife any proportion, due or otherwise, of all his property, under penalty, if he does not, of having his antenuptial contract with
In addition to inadequacy of consideration, there must be a confidential relationship between the -parties before fraud will be inferred. Persons under contract to intermarry are presumed to stand in a confidential relation to each other. They are not in the same category as buyers and sellers who deal at arm’s length. Kline v. Kline, 57 Pa. 120, 98 Am. Dec. 206; Graham v. Graham, 143 N. Y. 573, 38 N. E. 722;. Barker v. Barker, 126 Ala. 503, 28 South. 587; 1 Page, Contracts, § 190. But the presumption is not conclusive that a man obtains the confidence of or gains a controlling influence over the woman he is pledged to marry, merely because they have agreed to intermarry. Marriages of convenience take place in which the impulses of sentiment play no part. They are of a purely business character. The woman may have no greater confidence in her intended husband than she has in other acquaintances, and he may have no greater influence over her actions than they have. Such seems to have been the ease here. The parties were comparative strangers when they married. Malchow wanted a housekeeper His wooing was brief and businesslike. He first offered appellant a good home, and later, by the antenuptial contract, $2,000 after he died. She was in debt, her land was of comparatively small value, her older children were about to start in life for themselves, and she appears to have desired a home for herself and her two younger children, and so she accepted the offer. There was no courtship or engagement in the usual sense of those expressions. Apparently there was an entire absence of professions of affection on either side. He began to talk marriage at his first meeting with her, and, at the second, it was agreed upon. He was not her superior in intelligence or wordly experience. The element of control over her actions was not present and there was an absence of long association resulting in the repose of her entire confidence in him. These were the important features in Slingerland v. Slingerland, supra, and State v. Probate Court or Hennepin county, supra.
The trial court failed to find that Malchow had gained appellant’s confidence or that he possessed influence over her. Appellant moved for
Order affirmed.