79 Md. 115 | Md. | 1894
delivered the opinion of the Court.
This is a bill filed by the heirs at law of John Bitner to set aside a deed of gift made by him of a valuable farm, containing two hundred and ninety acres of land, which, with the exception of a few hundred dollars, constituted the entire property belonging to the donor. The bill alleges that the most intimate and confidential relations existed between the donor and donee, and that the
Before proceeding to consider the law as applicable to cases of this kind, we shall refer briefly to the facts and circumstances surrounding the execution of the deed, and the relation in which the parties stood to each other.
The donor was at the time of the execution of the deed of gift in his seventy-fifth year. He was very illiterate, unable to read or write, but at the same time seems to have been a person of ordinary judgment, — equal, perhaps, to the common purposes of life, and competent to execute a valid deed or contract. He was born in Pennsylvania, and lived with his father on a farm until the death of the latter, which occurred about twenty-four years ago. After his father’s death he lived with his sister, Catharine, on the home place, until ten years ago, when he bought a farm in this State, for which he paid §21,500, the voluntary conveyance of which is the subject matter of this litigation.
This farm he rented to one Zimmerman, who had married his niece, and for some years prior to the deed of gift to Zimmerman he lived with him and his family, spending, however, a part of each year with his sister, Catharine, between whom the most affectionate relations existed. On Thursday, the-of February, 1891, he was taken sick, and although, not seriously sick at that time, Zimmerman and his wife sat up with him all night; and what took place during that night, what was the subject-matter of conversation, and whether anything was said about the disposition of his property, the record does not disclose. On the next day, Doctor Mason was called to see him, and found him walking about the room with his coat off. Before the doctor had time to make any examination as to his condition, Bitner said to him, that he¡ was very sick, and if there was any danger of his dying, he wanted to know it, as there were some matters he wanted to attend
On Saturday following the execution of the deed and will, Bitner died leaving surviving him his sister, Catharine, and a number of nephews and nieces, his heirs at law.
For some years prior to the execution of this deed of gift, the donee had' been the general agent of the donor, and as such was entrusted with, not only the general management of the farm and all improvements to be made thereon, but also with all other matters, such as buying
A good deal has been said as to what constitutes a confidential relation within the operation of the principle, but Courts have always been careful not to fetter the operation of the principle by undertaking to define its precise limits. The cases of parent and child, guardian and ward, trustee and cestui que trust, principal and agent, are familiar instances in which the principle applies in its strictest sense. But its operation is not confined to the
The broad principle, says Vice-Chancellor Wood, on which the Court acts in cases of this description, is that wherever there exists such a confidence, of whatever character that confidence may be, as enables the person in whom confidence or trust is reposed, to exert influence over the person trusting, the Court will not allow any transaction between the parties to stand, unless there has been the fullest and fairest explanation and communication of every particular resting in the breast of the one who seeks to establish a contract with the person so trusting him. Tate vs. Williamson, L. R. 1 Hq., 528.
Tested by these well established principles, tjie relations existing between the donor and donee in this case were beyond question of such a character as to cast the onus upon Zimmerman, the donee, of proving that the deed of gift was the voluntary and deliberate act of the donor; that he knew at the time he signed it he was thereby divesting himself of all interest in the property, and was, in fact, transferring his entire interest to the donee. And this the donee has wholly failed to do. There is no evidence in the record to show that the deed was ever in
Hot only has the donee failed to offer any evidence to rebut the presumption arising from the confidential relation in which he stood to the donor, but there is another fact, — and a suspicious one, it seems to us, — and that is That the donor should want both a deed and a will prepared at the same time. He was, as we have said, without any education, unacquainted with legal forms, and unused to the transaction of legal business, and it seems highly improbable that he should suggest the necessity of making a deed and a will. There is, of course, a wide distinction between a deed, which is irrevocable, and which transfers the title to the property upon its execution and delivery, and a will, which is revocable and does not take effect till the testator’s death. But we can hardly suppose that
The case of Eakle et al. vs. Reynolds, 54 Md., 305,relied on by the appellant, differs widely from the one now before us. In that case the uncle conveyed to a favorite nephew a farm valued at between twelve and fifteen thousand dollars, but he was careful enough to reserve a life estate to himself. Prior to the deed of gift he had made three wills, in each of which he gave legacies to other relatives, making his nephew the residuary devisee. He had lived with his uncle from early childhood, and for some time prior to the execution of the deed he had occasionally transacted business for him, and during his uncle’s sickness had the general management of the farm. Whatever suspicion attached to the execution of the voluntary deed in that case, the donee proved that it was the free and voluntary act of the donor, and that the latter signed with full knowledge of its import and meaning. Mr. Syester, then a member of the Bar, who prepared the wills and the deed in question, testified that the donor fully understood the legal effect and operation of the deed, and assigned the reasons which induced him to make it. Amongst other things, he said he was afraid that the legacies bequeathed
in the will would be considered as charges upon the farm, and that to pay them, Ms nephew would be obliged to sell part of it, and this he wanted to avoid. He further Said, that a large part of his property was the.result of the joint labors of Ms brother William, the father of the nephew, and he thought the father’s interest ought to go to Ms son, and he wanted his part to go to him also. All such proof, however, is wanting in this case.
Decree affirmed.