Abbott v. Abbott
| Decision Date | 20 February 1901 |
| Citation | 189 Ill. 488,59 N.E. 958 |
| Parties | ABBOTT et al. v. ABBOTT. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, St. Clair county; William Hartzell, Judge.
Petition by Cora Belle Abbott and others against George B. Abbott. From a decree for less than the relief demanded, plaintiffs appeal. Modified.Dill & Wilderman and B. O. Davidson, for appellants.
Hamill & Borders and Turner & Holder, for appellee.
This case comes from the circuit court of St. Clair county by appeal. Cora Belle Abbott and George B. Abbott were formerly wife and husband. On September 12, 1899, she filed her bill in said circuit court for a divorce, and later a petition for alimony pending the suit, in which petition she alleged that the husband owned real and personal property of the value of $40,000, and that he had an annual income of $5,000. This petition was sworn to. She thereafter filed a bill for injunction to restrain the defendant from disposing of his property pending the suit. He answered the bill for divorce, as well as the petition for alimony and the bill for injunction, denying the allegations of each, and denying that he owned any property whatever, either real or personal. On the 8th day of March, 1900, a decree of divorce was granted the complainant, and on the 23d day of the same nonth George B. Abbott, the husband, filed his petition in the same court in the nature of a cross bill, making Cora Belle Abbott, Beatrice Abbott, Fern Abbott, and the firm of Bradford & Co. defendants, which bill was filed to the following April term. The prayer of that bill was that the court decree the title to certain lands in Kansas, the legal title to which was in the said Cora Belle, Beatrice, and Fern, and also certain lots in East St. Louis, the legal title to which was in the said Cora Belle, to him, the complainant. The allegations of this bill state the title of the property as follows: ‘To one of the eighty-acre tracts in Kansas, and to the house and lot on Goethe avenue, in East St. Louis, in Beatrice Abbott; and another of said eighty-acre tracts of land in Kansas to Fern Abbott; and the third eighty-acre tract of land in Kansas, and also lots 154 and 155 aforesaid, in Cora Belle Abbott.’ It is further alleged that all of this property was formerly the individual property of the complainant, George B. Abbott, but that he had, with the consent of his wife, Cora Belle, placed the title in the name of their said children, Fern and Beatrice Abbott, ‘in trust for the family of the petitioner.’ On April 23, 1900, Cora Belle Abbott and Fern Abbott filed their answer to that cross bill, admitting the granting of the divorce and the title to said real estate in them, the defendants, but denying that it had been placed in the names of said children, as alleged in the bill, to be held in trust for the benefit of said George B. and his family; and ‘they alleged the facts to be that said George B. caused the title to said real estate to be placed in said daughters for the purpose of hindering and preventing Cora Belle from ever having any interest in said real estate upon the dissolution of said marriage.’ On the 28th day of June, 1900, George B. Abbott filed an amended cross bill, alleging the divorce proceedings, and setting up that prior to the marriage between himself and Cora Belle he became the owner of the S. E. 1/4 of section 18, township 21, range 1 W., in McPherson county, Kan., and improved the same, and he and Cora Belle occupied it as their homestead; that after the marriage he acquired other real estate, the N. 1/2 of the N. E. 1/4 of section 19, in the same township and range, in said county, and also acquired lots 154 and 155, in block 2, in Illinois City (part of East St. Louis), and a part of block No. 210 of East St. Louis, fronting 25 feet on Goethe avenue; that all of said real estate was purchased with his own money; that neither the wife nor the daughters ever had any means of their own, and never contributed to the purchase; that, difficulties having arisen between himself and his wife, in order to pacify her, he, in 1897, joined her in certain deeds of conveyance for said real estate in Kansas to their three children, Fern, Beatrice, and Leslie; that in the conveyance of the W. 1/2 of the S. E. 1/4 of section 18 to Leslie Abbott there was a clause that, in case of his death during his minority, the title to the said premises should become vested in Fern Abbott; that the deeds to Fern and Beatrice gave to Fern the E. 1/2 of the 160 acres above described, and to Beatrice the N. 1/2 of the N. E. 1/4 of section 19; that said deeds were kept and held by the petitioner, and he continued in the control and management to the present time; that, further trouble having arisen in 1899 between said Cora Belle and himself, he filed said deeds for record in the recorder's office in said McPherson county, Kan., ‘and the title of record of said N. 1/2 of the N. E. 1/4 of section 19 is now in Fern Abbott [evidently meaning the W. 1/2 of the S. E. 1/4 of the section]; that said Leslie Abbott died during his minority, leaving no children; that since said Fern became of age, he is informed and believes, yielding to the persuasion and influence of her mother, the said Cora Belle, she executed to her said mother a deed of conveyance for the said N. 1/2 of the N. E. 1/4 of section 19, etc. [evidently intended to be the W. 1/2 of the S. E. 1/4 of section 18], and that the said 80-acre tract now appears in said Cora Belle, and that the legal title to the E. 1/2 of said S. E. 1/4 of section 18 appears in Beatrice Abbott; that on May 21, 1897, he purchased of the Highland Brewing Company said lots 154 and 155 in Illinois City, and paid the entire purchase money therefor, and received a warranty deed therefor from the said brewing company, which was delivered about the 25th day of May, 1897; that by said deed the said company conveyed said lots to him; that afterwards, by some person to the petitioner unknown, the grantee named in said deed was changed, as follows, the name of ‘George B.’ was erased, and the name of ‘Fern’ interlined, making the grantee in said deed appear to be Fern Abbott, instead of George B. Abbott; that the said deed was inadvertently filed for record, and so recorded, showing the grantee therein to be Fern Abbott, instead of the petitioner; that on February 20, 1900, Fern Abbott, yielding to the persuasion of her mother, Cora Belle, executed to Cora Belle a deed of conveyance of said lots 154 and 155, which deed has been filed for record, etc., and the legal title to said lots appears of record in Cora Belle; that in 1897 he purchased said lot on Goethe avenue from one Paul B. Abt, and paid for the same, and erected a cottage on said property worth about $2,000, and, to satisfy his wife, Cora Belle, caused the deed to said lot to be placed in her name; that afterwards Cora Belle insisted on transferring the title to the same to their daughter Beatrice Abbott, who now appears of record to own the same; that all this time, and up to the present, the petitioner was the actual owner and in actual control of said real estate; that he paid for it all, and does not own any other real estate anywhere, except a tract of 160 acres of bottom land in McPherson county, Kan., only partially improved, and incumbered by a mortgage for about $1,300, which is being foreclosed; that he has no other property; that he is now 49 years of age, and broken in health and spirits, and is wholly incapable to acquire property again, and, if his wife and daughters are permitted to retain said property, he will be penniless; that the title to said lots 154 and 155 never properly passed out of petitioner, but that the title of record which the said Cora Belle has is a cloud upon his title; that the legal title of all the rest of said real estate should be declared to be in the petitioner; that it is his by right and justice, and acquired by his means entirely.' The prayer is that the court decree the title of all of said real estate to be in him.
The answer of Cora Belle and Fern Abbott was amended to apply to this amended cross bill, and refiled. On June 13, 1900, they filed in said cause their cross bill or petition against George B. Abbott, alleging that Cora Belle is the owner in fee of said lots 154 and 155, and is entitled to the rents and profits thereof; that she is the guardian of Beatrice, who is the owner in fee of the said [189 Ill. 493]25-foot lot on Goethe avenue and the 80-acre tract in Kansas, the N. 1/2 of the N. E. 1/4 of section 19, township 21, range 1 W.; that Cora Belle is the owner in fee of said 80-acre tract in Kansas, the W. 1/2 of the S. E. 1/4 of section 18, township 21, range 1 W., and entitled to the rents thereof; that Fern is the owner in fee of the E. 1/2 of the S. E. 1/4 of section 18, township 21, range 1 W., in McPherson county, Kan., and is entitled to the rents and profits thereof; that at the January term, 1900, Cora Belle was granted a divorce from said George B. Abbott, and given the care and custody of the said Beatrice, and that no provision was made in said decree for the support of said Cora Belle and said Beatrice, and that she is wholly without support for herself and said minor daughter, except the rents from said lots 154 and 155, and said house on Goethe avenue, and said Kansas lands; that said Fern is entirely without means of support, except the said real estate described in Kansas, and the rents thereof; that L. D. Abbott and H. M. Bradford claim a lien on said lots 154 and 155, but that said claim is fictitious, and then charges a combination and conspiracy between them and the said George B. to prevent her, Cora Belle, and Beatrice, from collecting and receiving the rents from said property; that in the divorce suit the court ordered George B. to pay Cora Belle alimony pending the divorce suit, which alimony he has persistently refused to pay. The cross bill prays that d...
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