190 Ky. 786 | Ky. Ct. App. | 1921
Opinion op the Court by
Affirming.
Margaret A. Cornett died a resident of Marion county in February, 1917. She left surviving her three children, Sarah A. Tucker, wife of-W. T. Tucker, Mary W. Angelí, wife of G. B. Angelí, and Isaac Cornett, Jr. Several years prior to her death, Mrs. Cornett’s husband conveyed to her a life estate in 256 acres of land, with remainder to her children. ITer daughter, Mrs. Tucker, and her husband purchased the remainder interests of the other children. On June 29, 1916, Mrs. Cornett executed and delivered to Sarah A. Tucker and her husband, W. T. Tucker, a deed conveying to them her life estate in the 256 acres of land, and also transferring to them all the personal property which she then owned. The consideration expressed in the deed was that the second parties should board, clothe and take care of her during her life, and give her a decent burial at her death.
Sarah A. Tucker and her husband had been living on the farm with Mrs. Cornett for several years. Mrs. Tucker says that her mother fell and broke her hip in the year 1910, and was lame from that time until her death, at which time she was seventy-one or seventy-two years of age. During that time she waited on her mother. Her mother’s mind was all right when the deed was made. Mr. Angelí was present at the funeral, but Mrs. Angelí was not present. However, she did not notify Mrs. Angelí of her mother’s illness or of her death. Neither she nor her husband was present when the deed was signed. She never knew that the attorney who drew the deed was to be there. Her mother had told her she would do right by her if she stayed there. Her mother never delivered the deed to her until some time after it was executed. She knew nothing of her mother’s having written to her attorney. When the deed was executed she did not know what was being done. She never knew it had been executed until her mother delivered it to her. After her marriage, her husband rented portions of the farm and paid her mother. W. T. Tucker testified that Mrs. Cor-nett was a bright, strong minded woman and had her way in most everything. Mrs. Cornett never said anything to bfm about making the deed, and at no time did he mention the matter to her. He was at the barn when the deed was executed but returned to the house before the men left. He never inquired as to why the attorney who drew the deed was there. He didn’t know the purpose of the trip until several weeks after the deed was executed. He never attempted to influence Mrs. Cornett, but always let her have her own way. Miss Worswick, the official court reporter, testified that she had a conversation with Mrs. Cornett, who spoke of the difference in the treatment of her by her two daughters, and said that Mrs. Tucker had always been good and kind to her and that she wanted to pay her daughter for her kindness. At that time her mind was good. She was a bright woman of strong will
For the plaintiffs, Mrs. Angelí testified that when the family started to move to Marion county, Mrs. Tucker told her mother not to come unless her father would make the children safe in a home, and the deed to the farm was made as Mrs. Tucker demanded. While witness lived at
In rebuttal Mrs. Tucker denied the various circumstances detailed by Mrs. Angelí. Though she had cursed at times, she did not curse on the occasions referred to by her sister. She further stated that she had never refused to let any one have the trunk key to get papers, as her mother carried the key and kept her own papers.
The court did not err in placing the burden of proof upon the defendants. Mrs. Cornett was seventy-one years of age when the deed was made. Mrs. Tucker, and her husband had lived with her for several years. The other children had gone away to establish homes for themselves. The relationship between the mother and daughter was of a very close and confidential character. Where, under circumstances like these, the mother transfers all of her property to her daughter and her daughter’s husband, when there are others who have an equal claim on her bounty, the law looks with suspicion upon the transaction, and casts upon the grantee or donee the burden of showing that the transaction was freely and voluntaiily entered into, and devoid of any vice that would render it inequitable or unfair. Miller v. Taylor, 165 Ky. 463, 177 S. W. 247. Nor does the fact that the deed was executed in consideration of the grantees’ agreement to support and take care of the grantor during her life, and give her decent burial at her death, change the rule. It is not claimed that the Tuckers intended to move elsewhere but were induced to remain by the con
The chief complaint of appellants is that the verdict is not supported by the evidence. There are many circumstances tending to show that Mrs. Tucker was the dominant character in the household and controlled the family policies. When her sister visited in the home, she made her feel that she was not wanted, and never even let her know'of her mother’s illness and death. Her influence over her mother is shown by the fact that when her mother was giving her deposition in a certain case, her mother would not answer until she nodded her head to indicate what the answer should be. On the whole, the evidence given by the Tuckers to rebut the presumption of undue influence is not very convincing. Though living in the house with Mrs. ,Cornett, and though the deed was put to record a day or two after it was executed, they both claim that they did not know of her purpose to make the deed, or of the fact that the deed was made, until several weeks after its execution. It is by no means probable that Mrs. Cornett would have made the deed in consideration of the Tuckers’ agreement to support and take care of her, unless the Tuckers had agreed to the arrangement. Considering the case in the light of all the circumstances, and particularly in the light of the rule that the burden was on the Tuckers to show the fairness of the transaction, we are not prepared to say that the verdict is not sustained by the evidence.
Judgment affirmed.