111 Mich. 84 | Mich. | 1896
The complainant filed a bill in chancery, alleging that his father, Isaac Shurte, at the time of his death, held the legal title to 546 acres of land, worth $30,-000; that he died March 2, 1886, intestate, leaving a widow, five children, and several grandchildren by a deceased child; that the widow, Mary Shurte, died in January, 1892, intestate, and that each of the children of Isaac Shurte became seised in fee of one-sixth of said real estate; that, at the time of the death of the widow of Isaac Shurte, there were two great grandchildren, Bertha Van Riper and Flora Van Riper, who were under the age of 21 years; that all of the heirs of said Isaac Shurte, except the two great grandchildren, were more than 21 years of age, and that, soon after the death of said Mary Shurte, they became desirous of making an amicable arrangement for the partition of said real estate among the heirs at law, and for that purpose there were negotiations in which various plans were mentioned; that the real estate to be partitioned was not of uniform value, and that the conditions were such that the various values and improvements must be considered in ascertaining the allotments to be made; and that in said negotiations it was determined that a deed should be made of the real estate to Elbridg’e Jewell, such deed to be executed by all of said heirs except the two minors, and that there should be a guardian’s sale of the interests of the two minors in said real estate, and that said Jewell should become the purchaser, so that the legal title of said real estate should be vested in him for one purpose only, namely, that
That it was agreed there should be a writing, declaring the purpose of the deed, and that the shares and boundaries as aforesaid were to depend on subsequent agreement; that said deed and other writing were duly prepared and executed, and that the negotiations were reduced to writing and expressed in said deed, a copy'of which is hereto annexed, and marked “Exhibit A,” and in said.other writing, which was to be annexed to said deed, and a copy of which is hereto attached, and marked “Exhibit B; ” that said Elbridge J ewell was well informed of said negotiations, and knew the contents of all writings pertaining to the transaction aforesaid; that he accepted the deed aforesaid, knowing that said Exhibit B was to be annexed thereto and treated as a part thereof; that he received said deed without any consideration moving from him, and that said deed was made without any consideration, except as expressed in said Exhibit B, namely, that said Elbridge Jewell was to be used as an instrument to make conveyances of allotments to be agreed upon as aforesaid; that by reason of defective eyesight the complainant was unable to read the writings set forth by said exhibits; that his son signed his name wherever it is signed on said writings, complainant depending on information from others present for his knowledge of the contents of said writings; that never after the death of his father, Isaac Shurte, did he cease to have his interest by inheritance in one equal, undivided sixth of all real estate owned by said Isaac Shurte at the time of his death, and not sold; that complainant caused his name to be signed to the aforesaid writings in reliance upon representations then made to him by other heirs of said Isaac Shurte, and in reliance upon the express terms of said Exhibit B, causing complainant to believe that there would be no conveyances made by said Elbridge Jewell for any partition aforesaid, except on proper agree
That during the lifetime of said Isaac Shurte, and many years before his death, the complainant purchased from his father, Isaac Shurte, a certain part of the Isaac Shurte land aforesaid, consisting of about 80 acres, at the agreed price of $2,440; that afterwards he fully paid for said land; that, about 10 years after said purchase, complainant made an exchange with said Isaac Shurte, by which he surrendered 25 acres of land, and took in place thereof about 28 acres of land belonging to said Isaac Shurte; that complainant took immediate possession of the land first purchased as aforesaid, about 80 acres, and had exclusive possession thereof until said exchange, and that after said exchange he constructed a house upon said 28 acres, and ever after continued in exclusive possession of said 28-acre tract and the remaining part of said 80 acres, such possession continuing for more than 20 years last past; that he has made extensive improvements on said lands; that said land has been regularly assessed to him, and he has regularly paid the taxes thereon, claiming said land as his own, his father making no claim thereto; that through inadvertence the said Isaac Shurte never made any conveyance of said purchased land to complainant, and that, at about the time of said negotiations, resulting in said writings, the other heirs, except said two minors, being well informed as to complainant’s purchase and rights to the purchased land, he had conversations with them concerning the neglect of his fathers to make the proper conveyance to him, and that the other heirs engaged in said negotiations admitted complainant’s rights to said purchased land, and agreed that he was entitled to a conveyance thereof; that he prepared a deed for said heirs to execute to him, and they were willing to execute it, but it was suggested that, by reason of the
That, soon after the making of said writings as aforesaid, and before said Jewell had made any conveyance of any real estate aforesaid, complainant expressly notified said Jewell that he would insist on all his rights, and that no conveyance must be made by said Jewell of any of the real estate aforesaid without his consent thereto, and that he must have his sixth of all real estate which belonged to said Isaac Shurte at the time of his death; that afterwards, and in fraud of complainant’s rights, and
That, concerning the legality or validity of claims set up by some of the heirs aforesaid in negotiations resulting in the deed to Jewell, and the agreement set forth in Exhibit B, complainant was in ignorance and without advice or counsel concerning his legal rights; that complainant never received from his father, Isaac Shurte, any property or money by way of an advancement, or otherwise, so that the same ought to reduce his sixth of any real estate aforesaid owned by said Isaac Shurte at the time of his death; that said Bertha and Flora Yan Riper, hereinbefore mentioned, are minors, and can come to no agreement and make no conveyance that will be legal and binding; that complainant is informed and believes that the guardian’s sale mentioned in Exhibit B was had, but the legality and validity thereof may be successfully contested by said minors; that complainant has never received, from any heir or heirs of said Isaac Shurte, deceased, other than himself, any manner of consideration for any transfer or surrender of any of his rights in any real estate aforesaid; that, when complainant warned said Jewell as aforesaid, prior to said guardian’s sale, said Jewell agreed with him to make no partition conveyances until he should be perfectly satisfied with the conveyances to be made, and, repeating his assurance, said, “I will make no deeds until you are all perfectly satisfied;” that, when the writings' set forth by Exhibits A and B were, on or about May 5, 1898, presented to complainant for signature, it was represented to him by other heirs of the said Isaac Shurte that the writing, of which Exhibit B is a copy, might properly and lawfully provide, as it does, that said Jewell should, at the guardian’s sale therein mentioned, become the purchaser of the interests of the aforesaid minors; and that complainant, being without experience or legal knowledge or advice on the subject, believed such representations to be true, but is now advised and alleges that
The prayer of the bill was that a decree be made declaring complainant to be the owner in fee simple of the •82 acres before mentioned, and that he is entitled to have, free and clear of. all incumbrances and claims, one equal, undivided sixth of all other lands aforesaid, designated as the “Isaac Shurte Land,” and that the deeds from Jewell to any heir or heirs aforesaid of Isaac Shurte, deceased, other than complainant, may be set aside and held for naught, and that said deed to Jewell may be set aside, if necessary for adequate relief to complainant under his bill, and that due partition may be made of all the lands aforesaid, other than the land belonging to complainant as purchaser as aforesaid, and that all proper conveyances may be decreed, with a general prayer for relief.
The defendants answered in the cause, and alleged that, in addition to the real estate mentioned in complainant’s bill, -the estate consisted of a large amount of indebtedness from the heirs to the estate; that the complainant owed the estate upwards of $10,000; that other heirs owed large sums of money, some in excess of their interest in the estate; and that the heirs got together, and made a compromise, and a final agreement was reached that would settle the whole estate; that “that agreement was that all the heirs should execute and deliver a warranty deed of all the lands Isaac Shurte died seised of to Elbridge Jewell, and said Jewell should acquire the whole title to all of said lands. Then all of said lands, except a certain piece that .was agreed should be deeded to complainant, William Shurte, should be appraised at its cash value, by Joseph Lybrook and George Crawford, and the value they fixed upon said lands should be the value of said lands for partition and division. * * * It was further agreed that the lands described in Exhibit
That Jewell made his deeds of said lands as by said contract he was directed to do, and that the complainant signed said contract, well knowing by its terms that all the lands mentioned in Exhibit A of his bill of complaint were partitioned and divided by agreement, and just what lands he was to have, and ‘ ‘ that he was to have no more or other lands than what was contained in said contract, and which has since been deeded to him by Jewell;” and that all claims that said partition of lands “was without his consent, and was a fraud upon his rights, are false and untrue.”
That, “after the estate had been fully settled, and all the lands described in Exhibit A of complainant’s said bill had been deeded by said Jewell as the parties had contracted and agreed', and all the notes held and owned by said estate against each of the heirs of said estate had been offered, tendered, or surrendered to each 'of said
At the hearing about 400 pages of printed testimony was taken. The trial judge found the averments of the bill of complaint to be true, and made a decree as prayed for therein. The defendants appeal. The testimony has all been carefully read; but it will be necessary to refer to it but briefly. The record establishes conclusively that, as to 82 acres of the land, the complainant bought it of his father years before the father’s death, and had paid for it; that it was considered by all the family as his. The brothers and sisters were surprised to learn, after the death of their mother, that William did not have the legal title to this 82 acres of land. He had the equitable title, and was entitled to the legal title. As to the 82 acres of land, it was no part of the estate of Isaac Shurte, and, unless an agreement was made .between William and the other heirs which would change his situation, he was entitled, not only to a deed to this 82 acres of land, but also to an undivided one-sixth interest in the estate left by his father. It is the claim of the defendants that such an arrangement was made. They concede he should have title to 82 acres, but insist that, because of a compromise and settlement between the heirs at law, in which William participated, he has no interest in the estate beyond the 82 acres. The record discloses that there
Exhibit A.
“This indenture, made this fifth day of May, in.the year of our Lord one thousand eight hundred and ninety-two, between William Shurte and Elizabeth, his wife, * * * and Elbridge Jewell, of Cassopolis, Michigan, of the second part, witnesseth: That the said parties of the first part, for and in consideration of the sum of one dollar, to them in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, do by these presents grant, bargain, sell, remise, release, alien, and confirm unto -the said party of the second part, and his heirs and assigns forever, all those certain pieces or parcels of land situate and being in the township of Lagrange, county of Cass, and State of Michigan, and described as follows: * * * [Signed by William Shurte and the other heirs.]”
Exhibit B.
“Be it known that the annexed deed from the heirs of Isaac Shurte, deceased, to Elbridge Jewell, is made on the following conditions and for the following reasons, to which we severally agree: Whereas," Sarah Van Riper, daughter of Elizabeth Ritter, both deceased, said Elizabeth Ritter being heir at law of Isaac Shurte, deceased,—said Sarah Van Riper died, leaving two children, as follows: Bertha and Flora; said children being
“ Witness our hands this 5th day of May, A. D. 1892.
“Henry C. Harmon.”
“Description of lands awarded to Isaac Henry Shurté: East half of southeast quarter of section 16, except fourteen acres off of the west half. * * * Description of Mary Wolfe’s, Lewis I. Ritter, Cynthia Ritter, Emily Ritter, Ida Ritter, and D. A. Ritter: * * * Sarepta Fletcher’s description of land: * * * Description of I. Henry Shurte, Margajet Hardenbrooke, Mary Wolfe, Lewis I. Ritter, Emily Ritter, Cynthia Ritter, Ida Ritter, and D. A. Ritter land: The south half of northwest quarter of section No. 32. Description of William Shurte land: The southeast quarter of the northeast quarter and 14 acres off from the north end of the east half of the southeast quarter, both in section 16. Also, commencing at the southwest corner of southeast quarter section 15, in said township of Lagrange; thence north 70 rods; thence east 26 rods; thence south 70 rods; thence west 26 rods to beginning,—containing Ilf acres. Also, commencing at the center of section 15 in said township of Lagrange; thence south, 38 minutes west, 22 chains and 68 links; thence east 6 chains and 68 links; thence north, 38 minutes east, 22 chains and 67 links; thence west 6 chains and 68 links to beginning,'—containin'g 15 acres. All said land being in town 6 south, range 15 west, Cass county. Grantors being all the heirs of Isaac Shurte, deceased, except two minor children of Sarah Van Riper, deceased, daughter of said Elizabeth Ritter, deceased.
“It is hereby expressly agreed and understood that each of the above descriptions of land herein made are subject to correction if, when a survey of the premises is made, they shall be found erroneous, and each of those
It is urged that the execution of these papers resulted in a complete settlement of the interests of the respective heirs in the estate, and that what Mr. Jewell did after-wards in executing deeds was simply carrying into effect the settlement so agreed upon. It is the claim of complainant’s solicitors that, conceding that the heirs at law understood the contents of these papers when they were signed, even then they do not accomplish what is claimed for them by the defendants; that they do not convey the interést of the complainant in the real estate left by his father; that they do not affect the title of the minor grandchildren, and, so far as they attempt to do so, are illegal. It is further claimed that the only title Mr. Jewell gets to the real estate is by virtue of Exhibits A and B, and for the purpose therein stated; and that these papers are so indefinite as not to convey any title to him which he could either retain or convey. It is further claimed by complainant that, long before Mr. Jewell had done any act indicating that he had accepted the trust created, if any had been created, Mr. Jewell was informed that he must not make' any conveyances; that William Shurte and E. M. Shurte would insist upon their right to an undivided one sixth of their father’s estate. It is the
I do not think it necessary for us to construe the legal . effect of these three papers. If the evidence were uncontradicted as to their execution, or if it were made to appear that complainant understood their contents when he signed them, it, of course, would be our duty to construe the papers. The testimony, however, is very contradictory; the complainant and his witnesses swearing positively to one state of facts, and the defendants contradicting them. The record does disclose, however, that at the first meeting of the heirs the complainant
It is urged that the court in chancery ought not to take jurisdiction of this case because it is res judicata. This claim is based upon the fact that, subsequent to the execution of Exhibits A and B, the complainant petitioned the probate judge for the appointment of an administrator; that a hearing was had, one witness sworn, and Exhibits A, B, and C offered in evidence; that, upon the hearing, the probate judge refused to appoint an administrator for want of jurisdiction, and because the estate had been settled. We do not think the claim of res judicata can be sustained. There was nothing in the pleadings to indicate that the probate judge was called upon to construe the effect of the alleged settlement.
The decree of the court below is affirmed, with costs.