81 Mich. 493 | Mich. | 1890
Lead Opinion
The bill in. this cause alleges, substantially, that on April 22, 1857, complainant intermarried with one Samuel R. Rockwell, at Brockport, N Y.; that at that time she was a resident of that state, and before the marriage she received letters from one Hiram Richmond then a resident of the town of Porter, Cass county, this State, urging her to marry said Eockwell, and giving many reasons why she should do so, and stating that he was the owner of a large farm in that township, adjoining his, and was a man of large means; that on April 10, 1857, she saw said Eockwell for the first time' at her home in New York, and who then declared he had come to marry her, and asked her if she had received Rich
That at the time of said marriage said Rockwell had five children by a former marriage, and all of whom at that time were under 21 years of age, and one of whom,. Henry Orville Rockwell, died in February, 1860; that at the time they resided on said farm Rockwell claimed it as his own, had the entire control of it, cultivated it himself, and marketed the crops, and exercised complete-supervision over it in all respects; that the said lands were described as the south-west quarter, and the northwest quarter of the south-east quarter, of section 25, township of Porter, Cass county; that in the summer of 1858 said Rockwell flirted a paper in her face, which he-called a deed, and declared that “if he had a woman whom he could not control he had her fixed," and told-her “he would have it recorded then and bring it to life;” that this was the first intimation she ever had that he claimed said land had been or would be conveyed, as. he had always declared and claimed that the land was his, and did not then deny that the land was his, but threatened what he would do.
That in 1874 she found to her surprise a paper in the desk of said Rockwell, purporting to be a deed, dated, February 15, 1857, purporting to convey said land to his children, George B. Rockwell, Francis M. Rockwell, John D. Rockwell, Henry O. Rockwell, and Edson W. Rock
The bill prays that complainant may be awarded her dower in said described lands, or a sum of money based upon the value of her dower interest therein, and that the interest of it be set apart for her during her natural life.
The defendants put in a joint answer, and admit that said Samuel R. Rockwell once owned the land described in the bill, but say that long before he knew the complainant, or contemplated marriage with her, he made the deed, and very soon after the death of their mother, the first wife of said Samuel R. Rockwell, he delivered the same to his oldest son, George B. Rockwell, for all the
They deny the statements in the bill that said complainant was informed by their father that he was the owner in fee of said land, but allege that she was in fact informed that he had a life-estate only in said lands; that she knew of such deed at the time of her marriage, and that after her marriage she for a long time had it in her possession, and showed it to her neighbors, and both before and after it was recorded mutilated it by altering its dates, and erasing and rewriting names and dates in it. They deny that it was made in fraud of dower, and allege that complainant knew that they were intending to
A general replication was filed, and the testimony taken before a special commissioner under stipulation. On the hearing other and further testimony was taken in open court. The court below on the hearing made a final decree granting the prayer of the bill, and fixing the value of the dower interest of the complainant in the pi’emises, and giving the defendants an option to pay the same at the time and in the manner determined by the decree, or that the dower of complainant be set off, and defendants to pay the value of the use of the premises, which is fixed in amount by the decree; complainant to recover costs. From this decree defendants appeal.
The defendants claim that this deed was made in the year 1855, and prior to the death of the first wife, and delivered to George B. Rockwell by his father in the year 1856, to hold for the benefit of all the grantees named in the deed; that the deed was made under an agreement by Rockwell with his first wife so to convey, for the reason that the equitable title was in the wife, and the title only rested in Rockwell as trustee to her use, the land having been purchased with her money. The original deed was produced, and it bears upon its face evidence of alteration in its dates, and in the date of the certificate of acknowledgment, and from which it is impossible to determine the true date of its execution or acknowledgment. The deed was recorded April 14, 1874, and from the record the deed purports to have been executed February 18, 1856. The original deed presented here bears the date of February 18, 1857, but the figure
On the hearing in the court below there seems to have been no controversy but that the signatures to the deed were the genuine signatures of Dibble and Ward, and of Samuel R. Rockwell. Mr. Dibble, it is shown, died August 30, 1855, Mr. Ward died May 9, 1857, and the first wife of Mr. Rockwell died September 2, 1856. If the deed was executed in the year 1855, and delivered to George B. Rockwell, for all the grantees named therein, in 1856, then no claim can be made that it was executed and delivered in fraud of complainant, for it is shown conclusively that at that time Samuel R. Rockwell had no acquaintance with the. complainant; and the deed was not made in contemplation of marriage with her, but was made and delivered at a time when Samuel R. Rockwell had full power to convey his property to his children.
The testimony given on the hearing in the court below tends strongly to show that this deed was executed in the year 1855. It can be reconciled in no other way without the conclusion that not only the defendants’ witnesses have testified falsely, but that complainant’s witnesses also have committed the same offense. At the outset of the examination of the witnesses for the complainant, it was shown by their direct examination that Samuel R. Rockwell stated to various parties that he made this deed before his first wife died, and before he and his first wife went to New York on a visit. There is some contention as to the time this visit was made to New York; the complainant contending that it was in 1856, and the defendants claiming it was in 1855. This does not, however, become very important; the material question being as to the time when the deed was made. We need not
The fact is also established by the evidence that the deed was delivered to the son George by Samuel R. Rockwell, for the use and benefit of all the other grantees, some time in the year 1856, and long prior to the time of any thought of marriage by Samuel R. Rockwell with the complainant. Some testimony was also given on the part of the defendants showing that soon after the marriage complainant was advised of the existence of the
It is also claimed, and we think with much force from the testimony given, that the lands in controversy were purchased with money belonging to the first Mrs. Rockwell, and that Samuel R. Rockwell held the land in trust for his first wife. It is claimed that the deed to Rockwell was made before resulting trusts in lands were abolished. This question does not, however, become material to the rights of the parties to this controversy.
The complainant’s bill is grounded upon the claim that-the deed was made in contemplation of the marriage of Samuel R. Rockwell with her, and therefore a fraud upon her dower rights in the property. This certainly is-not sustained by the proofs. It appears that her husband left some property at his death, in the village of Constantine. That is not in controversy here. Defendants, counsel call attention to the fact that the complainant-found this deed among her husband’s papers in his desk, and made several copies of it, which she exhibited to her neighbors and friends, as well as the original deed before it was recorded; and some claim is made that complainant was the only party interested in changing the dates from 1855 to 1857, so as to bring the date of its execution within the time of the contemplated marriage of the parties; but just how the deed came to be changed in its dates, or the motive in doing so, need not be inquired into, as we are satisfied of its true date before its alteration. The title in fee to these lands passed, under this
It appears, however, that Henry O. Rockwell died intestate, leaving no widow or issue. At his death, therefore, his father, Samuel R. Rockwell, took an undivided one-fifth interest in fee in the premises, and held that interest as tenant in common with the defendants at the time of his death. In this one-fifth interest the complainant has a dower right.
Some claim is made that the complainant is estopped from making claim to dower on the ground of her acquiescence in the arrangement by which the defendants purchased the interests of their brothers; that she stood! by and knew that they were paying large sums of money for such interests, and made no claim. This would not, however, operate to estop her from setting up such claim now. All these purchases were made prior to the death of her husband, and, her dower at that time being only a inchoate right, it was not necessary for her to assert her claim then.
The decree of the court below must be set aside. It is manifest to us, however, that there is no sufficient data from which decree can be made here which will satisfy the rights of all the parties. The property has been greatly increased in value by improvements made by the defendants. What the value of the premises is, aside from such improvements, is not made to appear. It is quite evident that the premises are so situate that thev cannot be divided by metes and bounds, setting off one-fifth part, and then admeasuring dower therein, without'
Dissenting Opinion
(dissenting). I am very loth to dissent from the conclusion of my brethren upon a question of fact, but I cannot do otherwise in this case and satisfy my sense of right and duty. One thing is clearly established: The marriage of complainant, who was then about 30 years of age, with Samuel R. Rockwell, the father of the defendants, was brought about by correspondence from her friends in Michigan, representing, among the other good qualities of the said Samuel R. Rockwell, that he was the owner of 200 acres of land, the farm now in controversy. Rockwell knew of these letters, and subsequently visited the complainant at her home in New Tork, and thei’e confirmed by word of mouth this representation. Although a mercenary marriage is not to be encouraged by the courts, the fact remains that when a woman marries a widower with grown-up children, and he much older than herself, it is very much in human nature that she should look with some interest upon the pecuniary aspects of the match, and be governed somewhat by the ever-absorbing question of dollars and cents. It is to be expected, under such circumstances, that the idea .of acquiring a comfortable home, and having a competent maintenance in her old
If I had never inspected the original deed in this case, it may be that I might have doubted the complainant's case; but, as it is, I have no doubt that Eockwell deliberately forged this acknowledgment of this deed, and the names of the witnesses to it, for the purpose of defrauding complainant, and that he did this after his marriage with her, and some years after, when they had begun to quarrel. It is a singular coincidence, to say the least, that the man Anson Dibble, whose name appears as the justice of the peace who took the acknowledgment, and also as a witness, should have been dead and out of the way, as was also the other witness, Ward, at the time the conveyance first became known to the wife, or any one else, save the sons of Eockwell, if they testify truly. Dibble died in August, 1855, and Ward, May 9, 1857. Eockwell married complainant April 22, 1857. The deed, as it now appears, bears date February 18, 1856. It is admitted that, to be genuine, this deed must have been made in 1855, as Dibble was dead in 1856. Eockwell's first wife was living in February, 1855, and if the deed was made then, as claimed, at the solicitation of this wife, the query naturally arises, why she did not join in the deed? But the date 1856, which occurs in three places, has certainly been written over an erasure, and it is also plain that at some time the figure “7” has been in all three of the
The theory of the complainant is that Rockwell first made this deed after Ward and Dibble were both dead, and dated it back to a time between the death of his first wife and his remarriage, and about two months before-his marriage. Finding out afterwards that Dibble was dead in 1857, he dated it back again, but still did not get it far enough to come within the life-time of the justice. There is evidence in plenty to support this theory. The complainant first saw this deed in Rockwell’s desk some time in the year 1873 or 1874, at which time she swears all the dates were 1857. She made a copy of it at the time, showing these dates. She also exhibited the deed to others, who corroborated her as to the dates being 1857. The deed was not recorded until April 14, 1874. When recorded the two first dates were 1856, but the last date, being probably overlooked in the first
Examining closely the body of the deed, which is admitted to be in the handwriting of Samuel R. Rockwell, and also the purported signatures of Dibble and Ward, it will be found that every letter, capital ,or other, in the name of D. P. Ward or Anson Dibble, finds its counterpart in the body of the deed. They are all Rockwell’s letters, without doubt. The capital W’s in the body of the deed are of the same make as the capital W in Ward. The capital D’s in the body of the deed are the same as the capital D’s in Dibble and D. P. Ward, though attempted to be disguised somewhat. So it is with every individual letter in both signatures, and which I have taken pains to compare. Some of them are not disguised at all, though both signatures are written evidently laboriously to disguise or counterfeit.
. We have also in evidence the genuine signature of Anson Dibble to a deed which he himself drafted from beginning to end. In it are eight capital D’s, and not one of them is the D found in his purported signature to the Rockwell deed. Nor is his signature appended to the genuine deed the same, by any means, as that affixed to the deed in question here.
Another singular coincidence is found in this deed. The last part of Dibble’s name, the “ble,” has been tampered with or altered, and identically the same in both his signatures as justice and witness. It looks as if the word was at first misspelled, and then corrected. The theory of the defendants is that Mrs. Rockwell has made these alterations at different times to carry out her theory. This suggestion to me is preposterous. I care not if the son of Dibble and others testify that they think it is his genuine signature. The ear-marks of the
The circuit judge was right, and his decree ought to be affirmed.