230 Mass. 544 | Mass. | 1918
This is a suit in equity whereby the plaintiff sought to set aside several transfers of property made by her to her son Charles, now deceased, of whose will the defendant is executrix and sole beneficiary. Most of the issues originally involved have been settled. The only matter now argued by the plaintiff relates to the validity of a deed of real estate situated in the village of Florence, a part of the city of Northampton. This deed was executed by the plaintiff while in Oregon.
The background for the consideration of that question is that the plaintiff is the widow of Horace K. Parsons, who during his life was a general merchant, postmaster, notary public and man of affairs having the respect and confidence of his neighbors in the village. He died in 1891 leaving a widow and six sons. The oldest son was married and lived in a building on his father’s home place. The other five were at home, of whom Charles was the senior. Royal, the next younger, was of age, and the others were aged respectively fifteen, eleven and nine years. Charles had been assistant to his father. He took up the various activities left by his father and carried forward and developed them with energy,progressiveness and success. The father left all his property by will to his widow. A part of his estate was the homestead property/ upon which was the home where the family lived, the postoffice/ store and other buildings. Charles married, brought his wife to the home, and until he died, maintained there in considerable luxury a common household including his own family, his mother, one of his younger brothers, who there fell sick and died after a long illness, and his other younger brothers until they reached maturity and sought homes for themselves. The mother travelled extensively sometimes with one or more of her younger sons, and the money therefor was furnished largely by Charles. She always and up to the time of the hearings made her home with Charles, and since his decease with his widow. The homestead estate was at the corner of Main and Maple Streets. It had been' the cherished idea of the father to build a business block along the Maple Street side of the lot. In furtherance of that idea Charleé
It was contended by the plaintiff before the master that she established a trust for her own benefit with Charles as trustee. The master found against her. on this issue, and settled their relationship by determining that "Charles O. Parsons received the assets of the mercantile business carried on by Horace IC. Parsons during his lifetime, -the credits of other property, both real and personal, of Sarah A. Parsons under a mutual agreement, the terms of which were well understood by the parties thereto; namely — that Charles O. Parsons should pay and discharge all obligations • of the estate incident to the business so carried on; that he should provide means for the maintenance of the real property of the plaintiff, the support of the household, and assume all pecuniary obligations in reference to the mother to which her husband and his father, Horace K. Parsons, would have been subjected were he living, including her care and maintenance in the Parsons Homestead, both in sickness and in health, and furnishing her with sufficient amount of money from time to time, having regard for her own means, so long as she should live, to enable her to provide for her reasonable additional needs, pleasures and enjoyments. Charles O. Parsons, up to the time of his death, faithfully carried out the obligations to his mother so assumed, and up to said time, she never complained to the contrary or .questioned the status or terms of arrangement between them; 'that such obligations on his part might be fulfilled in the event of his own death, prior to that of his mother, at a later date he caused his life to be insured in the sum of Three Thousand ($3,000) Dollars for her benefit, which amount was paid to her upon his decease.”
• The particular fapts about the deed of the remainder of the homestead estate (outside the corner lot already adverted to) called the "Oregon deed” because executed in that State, are reported by the master as follows: “sometime prior to November 1905, Charles O. Parsons arranged with his mother Sarah A. Parsons to convey for good and valuable consideration and for
The- specific finding of the master as to the consideration for this deed is in these words': “ (a) The agreement of the son with his mother to carry out the expressed wish of the husband and father, Horace IC. Parsons, to have a block of stores built along the entire Maple Street side of the homestead lot, which agreement he kept and in so doing expended a sum in excess of $35,000. (b) The agreement to continue for the mother so long as she might live her support and maintenance and such money advancements as might be reasonably necessary for her comfort having regard to the income from her remaining property, which agreement he faithfully performed to the time of his death and which is now being carried out by his representatives in a manner satisfactory to Sarah A. Parsons, (c) The negotiation by Charles O. Parsons of insurance on his life in favor of the mother to the extent of $6,000, of which $3,000 upon his death was paid to her. (d) The wish of the mother to promote the interests of her son, in whose family she lived and who provided liberally for her wants and whom she expected would continue so to do, and thereby secure to herself added comforts for the future (e) . . . the money value of the consideration for the deed I am unable to determine in dollars but I find the same to have been substantial and valuable.”
No error of law is disclosed in these findings. The relation of Charles to his mother was confidential and advisory. It was not
There is nothing in the record which requires a finding that
Applying these principles to the facts here disclosed, there is no sound ground for holding that there was fraud as matter of law. The son was about to expend $35,000 of his own upon land the title to which stood in his mother’s name. The reason for this in part was a desire to effectuate a plan of the father, dear to the hearts of his mother and himself. But it was a business adventure. Whether it should be in the end a failure or a success naturally would depend upon numerous elements more or less uncertain in their nature. All the facts were equally well known to both the mother and son. The latter in addition contemporaneously incurred financial obligations for the direct benefit of the mother. It well might have been inferred that the plaintiff, being
The master has found that the omission of the wafer seal from the “Oregon deed” was due to accident. This finding cannot be reversed. It appears from the circumstances of its execution, the reported evidence and the other facts found, to be manifestly sound. It was proper for the defendant to file a cross bill asking for specific affirmative relief to the end that the deed be completed by the addition of such a seal as is required by our law. This matter relates to the same general subject as the main bill. Richards v. Todd, 127 Mass. 167, 170. Andrews v. Gilman, 122 Mass. 471, 474. Forbes v. Thorpe, 209 Mass. 570. Torrey v. Parker, 220 Mass. 520, 525. It having been found that the conveyance made by the “Oregon deed” was upon a valuable and adequate consideration, and there being no ground for disturbing this finding, there is no reason why that deed should not be completed by the addition of-a seal. The facts, which have been found, show that this is not a defective attempt to make a gift, but a bargain for a conveyance upon a sufficient consideration, which falls short of accomplishing the result intended by the parties to a valid contract because of an imperfect deed. It is one of the familiar functions of equity to enforce the correction and completion of such an instrument.
Decree affirmed.