Ryder v. Ryder

• Decision Date: 06 April 1910
• Citation: 244 Ill. 297,91 N.E. 451
• Parties: RYDER et al. v. RYDER.
• Court: Illinois Supreme Court

244 Ill. 297

91 N.E. 451

RYDER et al.

v.RYDER.

Supreme Court of Illinois.

Feb. 16, 1910.

Rehearing Denied April 6, 1910.

Appeal from Circuit Court, McHenry County; Robert W. Wright, Judge.

Action by Lemont Ryder and others against Nellie V. Ryder. From a decree for plaintiffs, defendant appeals. Reversed, with directions.John B. Lyon and D. T. Smiley, for appellant.

Joslyn & Francis (Shurtleff & Hizer, of counsel), for appellees.

HAND, J.

It appears from the record that on the 18th day of March, 1890, George D. Ryder was the owner in fee of a farm containing about 125 acres, situated in the county of McHenry, which at that time was worth in the neighborhood of $40 an acre; that he was then about 63 years of age and was a widower, he having been prior to that time married twice; that he had no children by his second marriage but had three children by his first marriage, namely, Lemont Ryder, Adelia Vincellette, and Jeanette Paynter, all of whom at that time were married and had homes of their own; that for more than a year prior to March 18, 1890, said George D. Ryder had been keeping company with Nellie Vaughan, a maiden lady, who, as we understand the evidence, was then about 43 years of age, and who resided with her stepfather and mother, and with whom George D. Ryder had been acquainted since she was quite a small girl; that some time prior to March 18, 1890, said George D. Ryder proposed marriage to said Nellie Vaughan; that she advised with her stepfather, who was a minister of the gospel, with reference to the proposal of marriage made to her by George D. Ryder, and he stated to her that as George D. Ryder was much older than she was and was not in good health he would not advise her to accept the proposal of marriage made to her by him unless he would in some way make provision for her future comfort and support by the settlement of some property upon her; that she informed George D. Ryder of her conference with her stepfather, and he said he would make a will and give to her his farm, to which she replied a will might be broken or set aside, and that she did not think that would be a proper way to arrange the matter; that George D. Ryder then proposed to her if she would marry him he would deed to her his farm, which proposition she accepted; that the farm was then incumbered to the extent of $700 by a mortgage, which he agreed to pay off and satisfy prior to their marriage, so that she would receive a deed to the farm free and clear of all incumbrances; that George D. Ryder thereupon went to Elgin, Kane county, and sold a piece of real estate which he had in that county and paid off said mortgage, and called upon an attorney in Elgin who had been doing business for him for a number of years and said to him that he was about to marry Nellie Vaughan, and directed him to prepare a warranty deed conveying from him to her his farm; that the attorney thereupon prepared a warranty deed bearing date March 18, 1890, conveying said farm from George D. Ryder to Nellie Vaughan in fee simple and without any limitations, and George D. Ryder signed and acknowledged the deed before said attorney as a notary public and took it away with him; that on the 18th day of March, 1890, being the day the deed was signed and acknowledged, George D. Ryder wrote and mailed to Nellie Vaughan the following letter, which she received about that date: ‘Dear Nellie-The place is sold and possession will be given first of April. The mortgage will be all cleared up on the farm. I have made out a warranty deed to you of my farm and you can now answer my question by setting the day for our marriage. Please make it soon as possible and then we can tell what is the next best thing to do. When you say when I can come I will get the deed recorded in the recorder's office in Woodstock, McHenry county, state of Illinois, and bring the deed with me and place it in your had before we are united together as man and wife. I remain yours forever, Geo. D. Ryder. Our God has worked this out for us. Praise His most holy name.’

It further appears that on the 14th day of May, 1890, George D. Ryder went to the home of the parents of Nellie Vaughan, and after she was dressed to start to Geneva, where their marriage was to be celebrated, and just before they left her parents' home, he took from his pocket the deed for the farm which he had had prepared in Elgin on March 18, 1890, and gave it to Nellie Vaughan; that after George D. Ryder and Nellie Vaughan were married the deed was recorded, and shortly thereafter they moved upon the farm, where they lived and carried on the farm for seven or eight years, after which they moved to Harvard, where they resided at the time of George D. Ryder's death, which occurred on the 11th day of July, 1904; that subsequent to the death of George D. Ryder, and on the 8th day of May, 1905, the son and daughters of George D. Ryder filed the original bill in this case against Nellie Ryder, by which they sought to have said deed bearing date March 18, 1890, set aside on the ground that its execution was obtained by the fraued and undue influence of Nellie Vaughan, and on the ground that it was without consideration, and on the ground that said George D. Ryder was of unsound mind at the time he executed the same, and prayed, in the alternative, if it was held the deed was not absolutely null and void, that it be held that it was intended by the parties only to convey a life estate in said farm to said Nellie Vaughan, now Nellie Ryder. Answers and replications were filed, and Nellie Ryder filed a cross-bill to set aside as a cloud upon her title a certain affidavit which the complainant Lemont Ryder had filed in the recorder's office of McHenry county, wherein he had stated that he and his sisters were the owners of said farm in fee, subject to the life estate therein of Nellie Ryder. Answers and replications were filed to the cross-bill, and the case was referred to a special master in chancery to take the proofs and report his conclusions, whereupon said special master took the proofs and prepared and filed the followingreport, after he had overruled objections thereto, which objections were renewed as exceptions to said report in the circuit court:

‘Findings of Fact.

‘First. I find that George D. Ryder executed a warranty deed conveying the premises described in complainants' bill of complaint to Nellie Vaughan (now Nellie V. Ryder), the defendant herein, on the 18th day of March, A. D. 1890. Complainants' Ex. ‘D.’

‘Second. I find that George D. Ryder and Nellie Vaughan (the defendant herein) were united in marriage at Wheaton, Ill., on the 14th day of May, A. D. 1890, and that said George D. Ryder delivered said deed to the premises aforesaid to the defendant herein immediately prior to said marriage; that said deed was filed for record in the recorder's office of McHenry county, Ill., on June 1, 1891, and recorded in book 85 of deeds, page 549.

‘Third. I find that the consideration for said deed was the marriage of the defendant to the said George D. Ryder.

‘Fourth. I find that the said George D. Ryder, on said 18th day of March, 1890, at the time he executed said deed conveying the premises described in the complainants' bill of complaint to Nellie Vaughan (now Nellie V. Ryder), was of sound mind and memory, and was at all times prior and subsequent thereto capable of understanding the scope and nature of the business transactions in which he was engaged. I further find that the said deed was executed by the said George D. Ryder of his own volition and as his free and voluntary act; that the defendant was not present when said deed was drafted and executed; that the said George D. Ryder was in no way induced or compelled by fraud, misrepresentation, or undue influence of the defendant to execute said deed; and that no fraud, misrepresentation, or undue influence was connected with such execution or was operating on the said George D. Ryder at said time; but that said conveyance was executed and deliveredto the said Nellie Vaughan (now Nellie V. Ryder) in pursuance of an agreement of marriage between the parties thereto. Defendant's Ex. ‘C.’

‘Fifth. I further find that the said George D. Ryder understood and intended by said deed to convey the title in fee simple to the premises therein described to Nellie Vaughan (now Nellie V. Ryder), and that the scrivener prepared said deed in accordance with his wishes and instructions.

‘Sixth. I further find that the said George D. Ryder departed this life intestate on the 11th day of July, A. D. 1904, leaving Nellie V. Ryder, his widow, and Lemont Ryder, Adelia Vincellette, and Jeanette Paynter, his children by a former wife, as his only heirs at law.

‘Seventh. I further find that the affidavit dated August 7, 1904, and known as No. 20,746, filed by Lemont Ryder in the recorder's office of McHenry county, Ill., on August 17, 1904, and recorded in book 114 of deeds, page 187, is a cloud on the title to the premises described in complainants' bill of complaint.

‘Eighth. I further find that the said Lemont Ryder, in filing said affidavit, was not actuated by malicious motives, but, on the contrary, was acting under an honest motive and believed that he and his two sisters were the owners of the fee to the premises in question. And I further find that such belief was induced and justified by the repeated statements of George D. Ryder and Nellie V. Ryder, that she, the said Nellie V. Ryder, had only a life interest in said premises, and that said Lemont Ryder had consulted and was acting under the advice of an attorney.

‘Conclusions of Law.

‘First. I find that the complainants herein have failed to prove any of the material allegations contained in their bill of complaint.

‘Second. I find that Nellie Vaughan (now Nellie V. Ryder), the defendant herein, is now, and since the 14th day of May, A. D. 1890, has been, the owner in fee simple of the premises described in ...