182 Ky. 814 | Ky. Ct. App. | 1919
Affirming.
Uncle Noah Meade, on March 3, 1911, executed a deed to his wife, Mary Elizabeth Meade, for a certain part of his farm containing about 175 acres, located near Richardson, Lawrence county. On March 17th following, he executed two deeds to his stepsons, Hercie Price and Iney Price, for the balance of said boundary of land. The consideration recited in the deed to his wife was love and affection; in the deed to Iney Price was $18.00, and in the deed to Hercie Price was maintenance and support’ for Meade and his wife. Hercie Price and Iney Price are sons of Mrs. Mary Elizabeth Meade by a former husband. Uncle Noah Meade had been married twice. By his first wife he had several children, two of whom survive him and another left children, to-wit: Simon Maxwell Meade and Lydia Alice. Meade, plaintiffs herein. Some years before his death Uncle Noah conveyed to his son Milton Meade a boundary of land as Milton’s part of his father’s estate. He gave nothing whatever to his daughter, Mrs. Jane Meade Bartlett, nor to his grandchildren, Simon Maxwell Meade and Lydia Alice Meade. Noah Meade died June, 1915, and this action was instituted in the Lawrence circuit court in February, 1916, to cancel the three deeds above mentioned on the ground that Noah Meade, at the time of their execution and delivery, was incapable mentally of understanding the nature, contents and effect of the writings, or to do any business, and that he was overreached and unduly influenced by the grantees in the execution thereof. Issue was joined and the plaintiffs took the deposition of eighteen witnesses while the defendants called twenty-five .witnesses. It was largely a question of fact, and the chancellor, upon hearing, decreed a cancellation of the three deeds, awarded the widow, Mrs. Mary Elizabeth Meade,, homestead iñ the lands and adjudged the cost against the appellants.
The only questions necessary for this court to consider are two of fact: (1) Was Noah Meade, at the time he executed the deeds, March, 1911, capable mentally of understanding and appreciating the nature and effect of the instruments which he then signed and acknowledged? If he was not; then the chancellor correctly adjudged a cancellation of the three deeds; but if he was mentally able to understand and appreciate the nature and effect of the instruments, the court was in errorln decreeing a cancellation, unless (2) the grantor was unduly influenc
This court has continuously followed the rulé that tbe burden in cases like this is upon tbe grantee to show that tbe transaction out of wbicb tbe deed came was fair and free from fraud and undue influence, and that tbe deed-was not obtained by improper methods. Gross v. Courtley, 161 Ky. 152. Tbe substance of tbe evidence introduced by plaintiffs below is to tbe effect that tbe mind of Noah Meade began to fail perceptibly in tbe autumn of 1910, and that it grew steadily worse until bis death. His physical condition was also bad in tbe fall and winter of 1910-1911. Many witnesses state that they saw and talked with Meade shortly before and near the time of tbe execution of tbe deeds, and that it was their opinion, from bis acts, conversation and general demeanor, be was -of unsound mind and incapable of understanding tbe nature and effect of tbe deeds which be made in March. He would wander away from tbe bouse without bis bat of other clothing in' bad weather and tbe family would have to bring him back; be claimed large boundaries of land to which be never bad title or color in fact; proposed to erect a mill on a little brook which went dry early each summer; was unable to feed himself at tbe table or to dress himself. On one occasion be put bis waistcoat over bis topcoat and went out in tbe rain, bareheaded. On several occasions be exposed bis person along tbe public highway. On tbe morning of tbe day on wbicb some of tbe deeds were made he was seen by a neighbor to go out into tbe yard in front of tbe house barefooted, in bis underdrawers, with bis trousers on his arm, and go around tbe house, and this in cold weather, and a member of tbe family came out and took him in. His conversation was unnatural and bis eyes and general appearance differed from what they bad been a short time before. A local physician who attended Uncle Noah about tbe time of tbe execution, of tbe deeds found him in
For the appellants it was shown in evidence that the grantees, Hercie and Iney Price, were kind and good to the grantor; that they lived with him and that he loved them; that he was a man of good sense and judgment and that he did not suffer from mental derangement or senility; that his conversation was sensible and his acts reasonable; that he desired his wife and stepsons to have the property because they lived with him and provided for him; that he executed the deeds freely and voluntarily, without suggestion or importunity on the part of the grantees, or any one of them; that while he was old and feeble physically, his mental condition continued good until very near his death, and for some time after the execution of the deeds; that the consideration given by Herc-ie Price for his tract of land was entirely adequate, he agreeing to take care of and provide for the grantor and his wife during the remainder of their lives, and that he had done so; that the consideration given by Iney Price for the tract deeded to him was sufficient in view of all the circumstances, and that the tract deeded to the wife was no more than she was reasonably entitled to as homestead or dower; that the children and grandchildren of the grantor seldom visited him, and did not provide for his needs or attend him in his last sickness.
The grantees were in the home and with and around the grantor almost constantly at the time of the execution of the deeds and for some years previous thereto. He was fast failing in health at the time in question, and many of his neighbors observed that his mind was flighty, roving and unsettled along about the time and before the deeds were made. It may be that Noah Meade was not so feeble in mind as to have been unable to understand and appreciate the nature and effect of the deeds at the time he made and delivered them, but it can scarcely be doubted that he was under the supervision, domination and control of the three grantees and their friends and relatives. A man at his age in feeble health was in no condition to withstand the overtures of kind and de
Where there exists between two or more persons a relation of confidence and trust, by which one exerts an influence over the judgment of the other to such an extent as to subvert the latter’s will and independence, a conveyance by the latter to the former will be set aside as fraudulent upon seasonable complaint.. Hoeb v. Maschinot, 140 Ky. 330. It will be presumed that a deed was obtained by undue influence where the grantor was in feeble health, the grantee had acquired a dominating influence over him, the deed was inconsistent with his oft expressed intentions, and gave the grantees a great advantage over others of equal kin to grantor. Hall v. Orme, 146 Ky. 467.
_ The law looks with a jealous and inquiring eye on a deed made by an old and infirm person to a young .relative or associate for inadequate consideration, where the grantee has opportunity to influence the mind of the grantor, especially where no reasonable provision has been made by the grantor for his own cMldren or nearest blood relation! There can be . little or no doubt-that Noah Meade began to fail in mind as early as October, 1910. He felt more or less dependent upon the grantees from that time on. He was easily persuaded, impressed and controlled. The grantees must have realized that his health was declining, else they would not have hastened to procure deeds from him for his land. The chancellor
Judgment affirmed.