Willshaw v. Luick

• Decision Date: 13 March 1923
• Docket Number: No. 35142.,35142.
• Citation: 195 Iowa 1402,192 N.W. 273
• Parties: WILLSHAW v. LUICK ET AL.
• Court: Iowa Supreme Court

195 Iowa 1402

192 N.W. 273

WILLSHAW

v.LUICK ET AL.

No. 35142.

Supreme Court of Iowa.

March 13, 1923.

Appeal from District Court, Polk County; J. D. Wallingford, Judge.

Suit in equity to set aside two deeds obtained from plaintiff as alleged by fraudulent pretense and undue influence. The defence was a general denial. The trial court entered a decree for plaintiff as to one of the deeds, and denied relief as to the other. Both parties appeal. Affirmed.Geo. F. Brooks and C. C. Putnam, both of Des Moines, for appellants.

H. H. Griffiths and John McLennan, both of Des Moines, for appellee.

EVANS, J.

The defendant is the plaintiff's married daughter, and is his only child. Prior to the controversy herein involved, their relations had always been of the most affectionate and confiding character. Elizabeth Willshaw, the wife of plaintiff and the mother of defendant, died in April, 1920. Up to the time of her death, she was the fee owner of the homestead which is referred to in this record as the Buchanan Street property. She was also the owner of a certain property described in the record as the Brereton property. The plaintiff was the owner of a property known as the Logan Street property. About the year 1919, the husband and wife had each executed a deed to the other as grantee of their respective property. The two deeds were placed in the hands of the daughter with written instructions to hold the same until the death of one of the parents, and thereafter to deliver such deed to the surviving spouse. The deed from Elizabeth Willshaw to William Willshaw covered the homestead property on Buchanan street; that of William Willshaw to Elizabeth Willshaw covered the Logan Street property. By virtue of this arrangement, William Willshaw became the fee owner of the homestead at the time of the death of his wife. No disposition was made by Mrs. Willshaw of the Brereton property. At the time of the death of his wife, William Willshaw was 62 years of age. He was a blacksmith by trade, and actually engaged in such occupation and had been engaged therein for 40 years. He appears to have been a man of abundant industry and thrift and practical sense, but was lacking in education. He could neither read nor write, except that he could write his own name and read it after he had written it. Naturally his inability to read kept him outside the range of general information which an ordinary man would acquire by a lifetime of current reading. During the lifetime of his wife, he depended upon her to read and to explain to him the contents of all instruments with which he might be concerned. After the death of his wife, he transferred that confidence to his daughter, who appears to be a well-informed person of perhaps more than ordinary education, and who undoubtedly entertained an affectionate regard for her father. She was appointed on petition of her father as administratrix of her mother's estate. Her father trusted her implicitly, and governed his business conduct quite uniformly in accord with her direction. On the 10th day of July, 1920, he executed a deed to her of his interest in the Brereton property. This was done pursuant to an adjustment between them, and there is no complaint of such transaction. On the 12th day of July, 1920, he executed a deed to her of his Logan Street property. This deed was prepared by a reputable attorney, who was also attorney for the administratrix of the estate. On the 28th day of July, 1920, he executed a deed to her of the Buchanan Street property reserving to himself, however,a life estate therein. This was the homestead in which he lived. The latter two deeds were not delivered. Their execution was tentative, and done...