259 Mo. 41 | Mo. | 1914
Mr. George Creason died January 21, 1906, aged eighty-eight years. His wife had then been dead about fourteen years. His daughter Mrs. Hennegar, the defendant, was married quite young, and had two cMldren. Her husband then died and she came with her children to reside with her father and mother about 1870, and continued to reside with them during the entire thirty-five or thirty-six years intervemng between that time and her father’s death. Mr. Creason although uneducated was a man of great force and intelligence. Mr. Forrester, Ms brother-in-law, a minister of the gospel, testified for plaintiff and described him, as follows: “Previous to Ms affliction, I don’t think I ever knew a common man, just an ordinary uneducated man, who had as strong a mind and as much business qualifications as George Creason had. He had a discermng mind; a penetrating mind, and he
Doctor Brown, the attending physician, had known Mr. Creason ever since he (the doctor) was a lad, and was his physician the last years of his life. He testified as follows: “I treated him in a little spell before his last spell; his physical condition in May and June, 1905, was very bad. I heard some conversations when Mr. Bristow and Mr. Forrester were there about some deeds. My first visit was made May 28. I was called to see him; called, I think, late in the afternoon, stayed all night with him; was there the 29th twice, remained almost all night. Was there twice on the 30th, memorandum in book, ‘detained;’ stayed some time until he got quieted; called next day once, remained perhaps as much as two hours, called once June 1, stayed an hour or two. I visited Mm until June 19.
“Q. Now, independent of your book, you recollect having been there on those occasions? A. Yes, sir.
“Q. Now state to the court what was George Creason’s physical and mental condition at that time along about the time you were called there and up to June 1? A. Well, at that time he was in a great state of agitation, mentally and physically; it was very hard to do anytMng with Mr. Creason at that time, that is, to control Mm to get Mm to obey orders such as we thought best for Mm. It was hard to keep Mm in the house; he wanted to get out doors, and he would stand and hold to a post or we would have to hold Mm
“Q. Now, what do you say in reference to his mental agitation; what was his mental condition? A. Well, his mental condition was but a functional derangement of his brain, and it was due to a poor circulation of blood in his brain. Mr. Creason had what we call athromatic degeneration of the blood vessels; hardness of the blood vessels. He complained of blindness and dizziness; couldn’t see. Sometimes he couldn’t see well enough to hardly tell who it was. At those times we would ask him if he knew certain ones; it seemed like sometimes he would and sometimes he wouldn’t. This was during the worst part of his spell. I think it was the latter part of May, or first part of June. We call that mania; that was a mitral delire. He would talk out of his head sometimes too; talk to himself; it was a state of his brain, senile changes, I think, more than anything else, at his old age. Mr. Creason had heart trouble too, but then the trouble with his heart was due to the same thing that hardened these blood vessels. The valves had become stiffened, and his circulation was not strong. On the occasion when Mr. Bristow and Mr. Forrester and these members of his family were there, I was uneasy about him because he seemed to be very much agitated. He was crying and it seemed like it was a difficult matter for them to get a little business attended to. I was afraid that he would have a rupture of a blood vessel in his brain or heart failure or something like that. I tried to quiet him down; tried to get him to sit down and keep quiet, and of course proceeded to give him something to quiet him, medicine. I don’t remember exactly how long I stayed that day. I wouldn’t mark any detention unless it had been over an hour or probably two. The 31st of May, I was not there over a couple of hours, I guess.
“Q. Now, from your knowledge of his condition physically and mentally at that time, state to the court whether or not in your judgment as a physician, he was capacitated or incapacitated to attend to business on that day. A. No, I don’t think he was competent to attend to business on that day. He was very childish mqst of the time along those days. Mr. Creason’s brain, I think, was slightly demented, that is another way of speaking of insanity. He was not a crazy man from brain disease. The disturbances that were in his brain were functional I think on account of bad circulation, and then another thing, he had very difficult breathing. He had what we call cardiac asthma; that is, asthma associated with bad action of the heart, and then in that condition of course his blood would be overcharged with carbonic acid gas, and then he was intoxicated from that- to a certain extent. That would make him somewhat delirious. His bowels were swollen but that was on account of the inactivity of the bowels; obstinate constipation. It was a very difficult matter to get them to operate. Sometimes there is a toxic material that is absorbed in the bowels that causes fever, and by the prevention of elimination
Mr. Creason’s last sickness, or “spell” as it was called in the testimony, began the following November and lasted until the time of his death. About the first of December Mrs. Hennegar “broke down” in health and went to her daughter’s to recuperate and a family meeting was held to determine who should take care of the father. Thomas and his wife came to the house and stayed a while, but the wife could not stand the presence of the suffering, and had to give it up. Then Robert and bis wife came, and stayed until their father’s death in January.
The relation of Mrs. Henn,egar to her father is described in appellants’ printed argument as follows: “ The defendant had lived in bis household for many years. She was his daughter, his housekeeper, his companion, his nurse much of the time, and ministered to his health, wants and comfort, and wielded a great influence over him. She also attended to portions of his business.”
The court, upon the pleadings and evidence, dismissed the petition and entered final judgment for the defendant, from which an appeal was taken to the Springfield Court of Appeals, from which it was transferred to this court.
We are glad that the law does not look upon the faithful performance of filial duties of this character as an element of fraud. Nor does it lay its restraining hand upon the substantial recognition of these affectionate services. [Huffman v. Huffman, 217 Mo. 182, 193; Bonsal v. Randall, 192 Mo. 525, 532; Hamilton v. Armstrong, 120 Mo. 597; Turner v. Butler, 253 Mo. 202.] While it looks with disfavor upon the improper use of influence so acquired, there is no evidence in this case that Mrs. Hennegar attempted to influence her father in this respect. No word of hers upon the subject is mentioned in evidence other than the natural and impatient answer to her brother who was expressing to her father his dissatisfaction at the direction he had received with reference to this deed; and that included no solicitation or argument in her own behalf. We are satisfied with the finding and judgment of the trial court upon these questions.
III. We do not want to be understood as deciding or considering any question that might arise with reference to the absence from this suit of parties who represented George Creason by inheritance with respect to this deed. No point is made upon it in the record or argument, and its examination is not necessary to the decision of the case upon the broader ground we have taken.
In accordance with the foregoing view the judgment of the Greene Circuit Court is affirmed.