Teats v. Flanders

• Decision Date: 16 December 1893
• Citation: 24 S.W. 126,118 Mo. 660
• Parties: TEATS et al. v. FLANDERS et al.
• Court: Missouri Supreme Court

24 S.W. 126

118 Mo. 660

TEATS et al. v. FLANDERS et al.

Supreme Court of Missouri, Division No. 2.

December 16, 1893.

SPECIFIC PERFORMANCE — CONTRACT TO ADOPT CHILD — SUFFICIENCY OF EVIDENCE — HARMLESS ERROR — COMPETENCY OF WITNESS.

1. In an action by T. and husband against the heirs of F. to enforce performance of a contract whereby F. agreed to adopt T. as her daughter, and leave her all her property at her death, in consideration that T. would serve her as her daughter during her life, and take care of her "in her old days," the evidence showed only casual references by F. to T. as her adopted daughter, and expressions to others than T. of an intention to leave her property to the latter; that T. served F. only about 3 years, for only one of which she received no compensation; and that, for 16 years before her death, F. received no services from T., though during a portion of such time she sorely needed the care of some one. Held, that the contract was not established, nor performance by T. shown.

2. There was evidence that T. wrote one of defendants, advising her of F.'s death, and telling her to look after her interests, or the other defendant would get all the property. Held, that the exclusion of T. as a witness to rebut such evidence was harmless error, since the result must have been the same if the evidence had been admitted.

3. Where the offer of such evidence was not confined to acts done after the appointment of F.'s administrator, as to which only T. was a competent witness, it was properly excluded.

Appeal from circuit court, Buchanan county; H. M. Ramey, Judge.

Action by Nancy Teats and Charles Teats, her husband, against Sophia Flanders and Abner T. Kneeland, to enforce specific performance of a contract. From a judgment for defendants, plaintiffs appeal. Affirmed.

The other facts fully appear in the following statement by GANTT, P. J.:

This is a suit in equity for specific performance of an alleged agreement by Mrs. Velveria Flanders to leave all of her property at her death to Mrs. Teats, in consideration of services rendered. The petition is material to a proper understanding of the issues involved. It alleges: "That plaintiffs are now and have been husband and wife since the ____ day of ____, 18__. That on or about the ____ day of ____, 1865, Nancy C. Teats came to the city of St. Joseph, Mo., at the age of fifteen years, and her name was then Nancy C. Martin. That she was poor, and had to support herself. That she then and there met and agreed with Richard M. Flanders and Velveria Flanders, his wife, in the city of St. Joseph. Said agreement between said parties was in substance, as follows, to wit: That said Nancy C. Martin was to go to the home and house of said Richard M. and Velveria Flanders, who then had no children, and to live with them as their child, doing and serving them as their child, with the promise and agreement that they would legally adopt her as their child; that in pursuance of said agreement she went immediately to their house, as such child, with the full knowledge and consent of said parties, and entered into said relation, discharging all her duties as their child, with the full understanding of all of said parties that she was to be so adopted, and at their death she was to receive and inherit all their property. And she continued to reside and discharge all her duties as such child, such as working in and around their home, doing cooking, sweeping, sewing, general household duties, and bestowing upon them a child's affections, to their entire satisfaction, and in full compliance of their said agreement, until about the ____ day of ____, 1867, when said Richard M. Flanders died at said city, leaving no children. That said female plaintiff from said day continued to reside with said Velveria Flanders, as her child, under the other and further agreement between said Velveria Flanders and said female plaintiff that she was to continue to so reside and act with her in the relation as aforesaid, and at her death she was to receive and inherit all of said Velveria Flanders' property. That she did continue to so reside with her, said Velveria Flanders, under the agreement made with her, after the death of her said husband, doing and performing the things and work for her in like manner as she did before his said death, and as hereinbefore stated, until about the ____ day of ____, 187__, when she was married to plaintiff Charles Teats, which said marriage was contracted and entered into with the full knowledge and consent of said Velveria Flanders. The plaintiffs then, with the consent of Velveria Flanders, went to live by themselves. That afterwards said Velveria Flanders requested plaintiffs to come to her house in St. Joseph, and take care of her during her old days. That in compliance with said request they resided with her, and took care of her, for about five years, discharging all of said duties as her said child, with the further promise that she, the female plaintiff, at the death of said Velveria Flanders, was to receive all of her property. That said Flanders, during all of said time, received and accepted her said work and services under said agreement. That plaintiff, relying upon and believing she had been so adopted as such child by said Velveria Flanders, continued to work and perform her said duties as aforesaid, and received nothing for said labor except her board and clothes, to the entire satisfaction of said Flanders. That defendants knew of the relation, and well understood that this female plaintiff was to so inherit the said property. That Velveria Flanders died about 1889, intestate, at the city of St. Joseph, leaving as her only collateral kindred and heirs at law these defendants. That the said female plaintiff did not know or find out that she was not regularly and legally adopted as their said child until after their death, in 1889, but expected at that time that she would receive all of her said property. That said Velveria Flanders, at her death, was seised of the following described real estate, to wit: Lot five, block sixty-seven, in Patee's addition to St. Joseph, Buchanan county, Mo., and personal property, after paying all of the debts of said estate, amounting to three thousand dollars, which is now in the hands of Abner T. Kneeland, defendant, who administered upon the estate of said Velveria Flanders. Wherefore, plaintiffs pray the court to declare specific performance of said agreement, and, to that end, that all right, title, interest, and estate in and to said real estate which the said Velveria Flanders had at the time of her death, and which vested in defendants as heirs at law of said Velveria Flanders, to be divested out of them, and that the same be vested in the plaintiff Nancy C. Teats, and that the rights of said plaintiff to the personal estate of said deceased, and remaining in the hands of said administrator, be...