53 Md. 65 | Md. | 1880
delivered the opinion of the Court.
A person of full age, who has been insane, may, after he has sufficiently recovered his reason to understand the character of his act, file a bill in equity to annul a deed or contract to his prejudice, made by him when he was of unsound mind, and incapable of contracting. This proposition was conceded in argument, and the contrary doctrine has long since been repudiated by every American
When this deed was executed the complainant was about forty-eight years of age, and had never married. His mother was then, according to the testimonyof Mrs. Turner, about seventy-five years of age, and she died in the early part of the year 1875. Mrs. Turner was his only sister, and he was very much attached to her, but he also had four brothers towards whom there is nothing to show he entertained other than kindly and fraternal feelings. At that time he was also possessed of other property, which however was subsequently sold, and it seems the proceeds of it were not more than sufficient to pay the debts he
He filed his hill to vacate that deed, on the 23rd of February, 1877, and in it he avers, in substance, that at the time of the execution thereof, and for some time previous, and for several years thereafter he was mentally incapacitated from making a valid deed or contract; that he remembers being told at the time that it was done to save his property for him, and that is all he knew or recollects being told in relation to it; and he charges that he was fraudulently deceived and imposed upon by the trustee named in the deed, or by some of the cestuis que trust therein as to the character of the transaction. The parties defendants are the trustee and the cestuis que trust under the deed. There has been no alienation of the property by Mrs. Turner, under the power contained in the instrument. These defendants in their answers, deny all the allegations of the hill, and especially the fraud and deception imputed to them, and aver that the complainant at the time, and for a long time before was capable and mentally qualified, and in nowise incapacitated from making a valid deed or contract, and that he well knew when he signed it, the import and meaning of this instrument and the reasons why he made and executed it. In the progress of the case, 'and after a large part of the testimony, including his own, had been taken, the complainant died, and the appellees, his heirs-at-law, other than Mrs. Turner, were admitted as complainants to prosecute the suit in his stead.
The issue thus made by the hill and answers, is purely one of fact to he determined by the evidence in the cause. That evidence, consisting mainly and almost exclusively of the oral testimony of a large number of witnesses,, is very voluminous, covering more than two hundred
The proof shows that Mr. Rusk, from early life, had been brought up to and engaged in beef butchering, a business, the successful prosecution of which requires energy, industry and a good degree of intelligence. In 1846 he purchased the property described in this deed for $7275, and from that time occupied the dwelling house
The condition of insanity at this period, prior to the deed, being thus clearly established, it is a question more interesting than important, whether the insanity was of such a character as to bring into operation the maxim of the law, “ once insane, presumed to he always insane,” so as to throw upon those claiming under the deed the onus of proving it was executed during a lucid interval. This maxim is not an unqualified one. Neither observation nor experience shows us that persons who are insane from the effects of some violent disease do not usually recover the right use of their mental faculties. Such cases are not unusual, and the return of a sound mind may he anticipated from the subsiding or removal of the disease which has prostrated their minds. If, therefore, the proof only shows a case of insanity directly connected with some violent disease, the party alleging the insanity must bring his proof of continued insanity to that point of time which hears directly upon the contract impeach e d, and not content himself with proof of insanity at an earlier period. Hix vs. Whittemore, 4 Metcalf, 545. But this was not a case of delirium caused hv a violent fever, nor mania-a-potu, nor
Dr. Maris testifies on this subject, that from the time of his first attack, and after he had recovered his physical health, and for several years after the date of this deed, he continued to see him frequently and occasionally as a patient, and did not lose sight- of him for more than two or three months at a time, and that during all this period he was suffering from imbecility of mind ; the disease had left its impression, had impaired his mind, had impaired the integrity of his hrain ; that his expression indicated unquestionably that he was not a man of sound mind; he could say yes and no, and that was about all, was very timid, afraid of his own shadow; and then this witness expresses the opinion, that during all this time Mr. Rusk was not capable of understanding, attending to or transacting business, or of executing a valid deed or contract. A large number of other witnesses who also saw him frequently, and upon different occasions during the same period, while he remained at the house of Mrs. Turner,
Let us now see what acts of a business character he did, or were done in his name after the 19th of April, and
On the 14th of September, 1864, he appears to have executed two deeds, (conveying several lots on Fayette street,) one for the consideration of $1925, and the other for $1675. The next transaction was the sale of his market stalls which took place in 1865. This was a more important affair, and we have more light from the testimony in regard to it. The stalls were purchased by Mr. Hand, who was called as a witness for the defendants. His testimony is to the effect, that hearing the stalls were for sale, he went over to Mr. Rusk’s house to see him, and was there told by Mr. John Turner his nephew, (who had been living with his uncle since the latter’s return to his own house,) that he could not see Mr. Rusk then, and he would have to call again in two or three days; on his second visit, he found his mother and Mr. John Turner in the room with Mr. Rusk, and he says he offered them $7000 for the stalls, which they would not take hut wanted $8000, and he left; on his third visit he found the same
We must now return to the deed itself, and the, circumstances attending its preparation and execution. It was executed on the 27th of December, 1862, during the Christmas holidays, and in the house of his sister. It was not a will but an absolute deed taking effect immediately. Assuming he was then, as the defendants insist he was, just as capable of executing such an instrument as he ever had been, that he understood and knew perfectly well what he was doing, and also knew, as he must have known if that was his mental condition, how much he owed, and how much other property he had, what did he do? He parted at once, and for nothing with all his property, save what belonged to his creditors, and left himself absolutely penniless in the world, without a house to shelter him, or a home to go to, and dependent upon the charity of his aged mother whom he had previously supported, and of his sister to whom he had been generous and kind. For a man (such as he was) in the prime of manhood, in good physical health, and in full possession of vigorous mental faculties, to do such an act with knowledge of such possible consequences, is, to say the least, most extraordinary. It is hardly possible to characterize it as a “ rational act rationally done.” It is certainly not deserving the commendation given it by Mr. Robert Turner, the trustee, who says he told him on learning his intention to make this conveyance, “that it was a shrewd, wise and natural conclusion.” It can be- rescued from the imputation of being a most unusual, if not an insane act, only upon the theory (of which there is no proof whatever) that it was a deliberate and shallow attempt to cheat and defraud his creditors.
Two days after its execution, William H. H. Turner took the deed to the record office, and after the usual time for recording, called for and received it, and then gave it to Mrs. Barbara Eusk, the mother, who retained possession of it until her death on the 22nd of March, 1875. After this it was in the possession of Mrs. Turner or her husband at their house. The complainant lived with his mother on the property from the latter part of 1863, or the beginning of 1864, up to November, 1874, when he again went to his sister’s house, where he remained until a few days before the filing of this hill. During all this period the property stood assessed to him, the bills for taxes and water rents were made out in his name, and the original policy of insurance upon it in his name, was yearly renewed 'without transfer, and' no new or other
We hare carefully examined and considered the testimony of all the witnesses on the part of the defendants, and feel compelled to say of it, that it is not sufficient to overcome the evidence and the facts adduced in support of the complainant’sacase. In our judgment the decided weight and preponderance of evidence sustains the position, that this party was not, at the time this deed was executed, capable of executing a valid deed or contract. The decree therefore which vacates and annuls the instrument must he affirmed.
Decree affirmed.