79 Mich. 527 | Mich. | 1890
Complainant, who is the widow of Noadiah O'. Wright, filed her bill, within the time allowed by law to a widow to claim dower in an estate devised by will, for the purpose of getting relief against, what she claims to be a fraudulent procurement of her release of dower upon an agreement for a fixed settlement. The court below gave her dower conditioned on her surrendering up certain property transferred to her. She appeals because the decree is not sufficiently in her favor; and defendants, who are heirs, and otherwise concerned in the estate, appeal because they dispute her right to any relief at all.
A statement of the main facts will explain the situation. In 1881, complainant became the wife of Noadiah C. Wright, and there is nothing indicating that she was not entitled to all the equities of a wife. No antenuptial agreement was made, but she was given to understand that her proposed husband was — as he was in fact — owner of a large estate. Between the engagement and the marriage, he made a will giving all his lands, in specific parts, and all his personalty, after paying debts, to his two sons and his daughter by a former wife. At the same time, he made and acknowledged deeds of three several portions, which he directed by his will to be delivered to the devisees after hijS- death. He seems to have imagined that these deeds, which were never delivered during his
In August, 1884, occurred the transactions which gave rise to this controversy. He on that occasion conveyed to his wife a lot, known as “ Lot 108,” in Leonard & Co/s addition to Grand Rapids; no consideration being expressed in the deed, but the property being worth somewhere between $1,000 and $1,200 at that time. This deed, which was supposed imperfect, was after his death confirmed by conveyances from his heirs. At the same time he induced complainant to release all her rights of dower in his estate. He also made a new set of deeds to his children, to be delivei-ed,. as the old ones were to have been, after his death. He also made a codicil to his will, which complainant did not see, whereby the only provision he made for her was a bequest of such household furniture as was procured after his marriage, and $200 a year during the existence of a lease of a part of his land, provided she should not marry again. This lease was to run until 1897. In the subsequent January, he made a bill of sale of some personal property to his wife, and conveyed some land to his daughter. Another piece of land was sold, and notes to the amount of $1,200 therefor came into the hands of his representative. He died in the early summer of 1885.
Complainant claims that her husband induced her to release her dower by representing’ that the conveyance of the lot 108, and the provision he had made or would make in his will for her, would be better for her than her right of dower; that he represented she would have the mansion-house for her use, as well as the other provisions. He represented she should have $300 a year during her whole life. She claims she was imposed upon by her confidence in him, and prevented from objecting
It has been settled in this State that there is no legal objection to an arrangement between husband and wife, for a fair consideration, to extinguish her right of dower. Randall v. Randall, 37 Mich. 563; Rhoades v. Davis, 51 Id. 306 (16 N. W. Rep. 659). But no court can sustain such an arrangement unless it is a fair and voluntary one. If a wife is defrauded, or improperly persuaded into such an arrangement by any fraud or device of her husband, she is entitled to full and adequate redress; and, if difficulties are raised in securing it, he or his estate — inasmuch as his heirs or devisees cannot be regarded as Iona fide purchasers — must bear the risks. That the transaction, as it was left that day, was unconscionable, is too plain for doubt. It gave her a lot which, whether to be received then or at his death, was of very small value, compared with her prospective dower, at the lowest price put upon his lands. It left him at liberty to make a will giving her nothing further out of his estate. She received no contract or assurance of anything further. Between that date and his death he made two conveyances which would have been subject to her dower, had she not released it, and made it impossible by mere rescission, to put her back in the same position. As the will of August, 1884, was not agreed on by her, ■or shown to her, it has no importance in determining her rights.
The defendants object, and have a right to object, to complainant’s testimony concerning her understanding with testator, under the statute disqualifying parties as witnesses where matters are within equal knowlege of the 'deceased. But, as the release of dower recites no reason and no consideration, and no other agreement is in existence, and defendants show no consideration for it, the
If this agreement is specifically performed, it would require the mansion-house to be placed at her disposal, and her annuity secured in some way on the lands. If the whole arrangement is set aside as void for fraud, while there are difficulties attending the restoration of lot 108, it is equally impossible to restore dower in the land conveyed during his life-time, and held by purchasers. She has received $400 since her husband’s death; but tha^ is considerably less than her dower would be in the land leased to Van Burén, on which her annuity, by the will, was made dependent. The decree below undertook to set aside the release of dower, but on condition that she restore to the estate lot 108, and all personal property she has received, and the moneys she has had, and refers it to a commissioner, to make a general inquest into the
We do not think the decree, as it stands, can be sustained. The only logical result of setting aside the release of dower, if lot 108 is required to be released, would be to turn that into the general estate, as land not devised, and make it subject, with the rest, to dower. But no court can set a probated will aside, or change its provisions; and the personalty which Mr. Wright conveyed during his life cannot be taken back. If it could, it is not shown, by any testimony which defendants have left in the record, to have formed any part of the transaction of August, 1881. Neither can the circuit court, in a partition suit, go into any general overhauling of an estate. A partition of dower must be such as to give the widow a clean third for life of all the lands subject to dower, and cannot be mixed up with personal accountings, which, if entered into at all, belonged to the administration, and not to partition, usually, if at all. But in our opinion the widow has not received in the realty conveyed to her any more than would partially compensate her for what she would lose by having the entire estate subjected to dower, without her rights in the mansion-house; and the money and personalty received are not apparently much, if any, more than she would have had under an administration for her allowances and maintenance, if fairly dealt with.
The case, when properly considered, is not especially
The decree below must be reversed. A new decree-must be entered, declaring the release of dower void as
We are aware that the peculiar disposition of the estate under the will may make it convenient for the parties to come to some method of securing the widow's third by some agreement that will be least troublesome, and it does not seem difficult to do so. But it is beyond our province to assume any such function, and the parties must follow their own methods, or proceed in the usual legal way. The case is exactly as it would have been without any release of dower in the lands of the estate, and should be disposed of on that basis, whether amicably or by legal disposal.
The decree below will be reversed, and a decree entered as before determined.