60 So. 879 | Ala. | 1912
Mary Bell Johnson, spinster, about 70 years of age, died intestate in 1907, leaving as her sole heirs at law the children of her deceased sister, Chilnissa Stroup. The bill is filed by two of said Mary Bell’s nieces against other nieces and a nephew for the purpose, among other things, of selling for distribution certain lands which their grandfather Rowland Johnson, left by will to his children, Helen W., Richard, Martha, and the said Mary Bell, all now deceased, and which the bill avers now belong in equal part to the several heirs of Chilnissa Stroup; and also for the purpose of nullifying, because of alleged undue influence exerted by the grantee upon the grantor, two certain deeds made by said Mary Bell Johnson to Robert A. Stroup, her said nephew; and conveying to him the said lands. Under the terms of Rowland Johnson’s will, the four devisees named took the lands in fee simple after the death of their mother; and thereafter, by the successive deaths of the other three devisees, intestate, Mary Bell owned at the time of her death, as we tentatively estimate,- an undivided five-eighths interest in the lands, and the children of her deceased sister, Chilnissa Stroup, owned the remaining three eighths.
The evidence is quite voluminous. We have examined it Avith assiduous care, and have considered it impartially and in the light of the arguments of counsel on both sides. A detailed discussion would be useless, and a statement of our conclusions must suffice.
We are not disposed to take the vieAV urged by appellees that the evidence shows such confidential relations between grantor and grantee as would place upon the latter the burden of exculpating himself from the charge of exerting undue influence upon the grantor. But, Avherever the burdén of proof may be placed, we cannot escape the conclusion that the aunt made her home with the nepheAV, and abode there, of her OAvn free choice; that she did not wish her nieces to have her property; that she did wish her nephew to have it; that
Courts of equity will be astute to discover the signs of fraud, imposition, and unfair dealing, and eager to thwart their evil ends. But in doing so they must be extremely careful not to interfere with that right of free disposal which inheres in the ownership of property, and not to defeat the uncoerced wishes of its owner. As declared by Lord Brougham in Hunter v. Atkins, 3 Myl. & K. 113, if, under the conditions here exhibited, “a deed so prepared and executed is to be set aside, few assuredly, of the acts of men dealing with their own affairs are safe; and the law which enables all who are of sound mind to dispose of their property, no longer exists but in name.”
It may be that the nephew by his kindness and attentions won the affection of his aunt, and that he anticipated a substantial reward therefor; but, even so, such an influence is not imdue, and its consequences are not obnoxious to the law. “The influence which suf
We are clearly of the opinion that the learned chancellor erred in annulling and setting aside the deeds in question, and that they must be upheld as the free acts of the grantor, Mary Bell Johnson.
It folloAVS, of course, that Robert A. Stroup, the grantee, is not entitled to compensation for any money expended, or obligation incurred, on behalf of the grantor. ■ The decree of the chancellor Will be reversed, and a decree Avill be here rendered denying the cancellation of the two deeds from Mary Bell Johnson to R. A. Stroup, as prayed for in the bill; and holding that the interest of Mary Bell Johnson passed by said deeds to said Stroup, and should be allotted to him upon, distribution among the joint oAvners.
The exact fractional interests of the several cotenants Avill be ascertained and declared by the chancery court' in its final decree. The other provisions of the decree appealed from will be adopted and incorporated in this decree.
Reversed and rendered.