Acker v. Weadel

• Decision Date: 04 October 1926
• Docket Number: No. 145.,145.
• Citation: 210 N.W. 212,236 Mich. 374
• Parties: ACKER et al. v. WEADEL et al.
• Court: Michigan Supreme Court

236 Mich. 374

210 N.W. 212

ACKER et al.

v.WEADEL et al.

No. 145.^*

Supreme Court of Michigan.

Oct. 4, 1926.

Appeal from Circuit Court, Isabella County, in Chancery; Ray Hart, Judge.

Bill in equity by William Matier, administrator of the estates of Amos Wilt and Emily J. Wilt, deceased, against Zelda Acker and others, wherein defendant named and others interpleaded by cross-bill. From a decree entered, cross-plaintiffs appeal. Modified and affirmed.

Argued before the Entire Bench.Frank M. Burwash, of Mt. Pleasant, for appellants.

F. H. Dusenbury, and Virgil McClintic, both of Mt. Pleasant, for appellees.

STEERE, J.

This litigation had its inception in a bill of complaint filed by William Matier, administrator both of the estate of Amos Wilt, deceased, and of his wife, Emily Jane Wilt, deceased; the heirs of said parties being made defendants. The purpose of the bill was to obtain instructions from the court on certain legal complications which had developed primarily in regard to 40 acres of land located in Isabella county, described as the southwest quarter of the southeast quarter of section 20, town 16 north of range 3 west. This 40 acres was acquired by Amos and Emily J. Wilt in 1908 by a deed to them as husband and wife. They also owned the southeast quarter of the southeast quarter of section 21 of the same township and range. On March 28, 1912, they mortgaged the two 40-acre tracts of land to the Exchange Savings Bank of Mt. Pleasant for the sum of $2,500.

In 1913 Emily J. Wilt became insane, was duly so adjudged by the probate court of Isabella county, and committed as a patient to the insane asylum at Traverse City.

Amos Wilt died April 8, 1920, and his wife Emily J. died in the insane asylum on August 9, 1920. Had the titles to the above-described property remained undisturbed as they were at the time she became insane and was committed to the asylum, she would have unquestionably become the sole owner of the 40-acre tract of land in question on his death. But the following manipulations raised complications with respect to this tract which led to the courts for adjustment between claimants.

On January 17, 1914, Amos Wilt petitioned the probate court of Isabella county for the appointment of his nephew Emery F. Wilt as guardian of his insane wife, Emily J. On February 4, 1914, an order of appointment was made by the court as petitioned. On the same day Emery F. Wilt filed a formal inventory of his ward's estate, consisting of the contingent interests above noted, and a petition praying authority to sell her interest in the 40 acres of land first described, and on March 2, 1914, the probate court granted him a license to sell the same; he giving the required bond which was duly approved by the court.

On April 6, 1914, Emery F. Wilt, as guardian, and Amos Wilt entered into a contract with John J. Wilt (son of Amos and Emily J.) and his wife, Emma Wilt, for sale to them of said 40 acres at a stated price of $2,200; the terms of payment being $275 down and $100 or more yearly, with interest on unpaid balances until the full amount was paid. On March 16, 1916, Amos Wilt and Emery F. Wilt, as guardian, gave a warranty deed of this 40 acres to John J. and Emma Wilt as husband and wife. On March 21, 1916, John J. and Emma Wilt gave a mortgage on this 40 acres to the State Bank of Coleman for $1,200. On April 7, 1916, Emery F. Wilt filed his report of sale with the probate court, showing that he had sold at private sale the interest of his ward in said 40 acres of land on April 6, 1914, for the sum of $1,100, that being the highest price obtainable therefor and not less than the value determined by the court. On April 17, 1916, the judge of probate filed an order confirming said sale.

John J. Wilt and his wife, Emma, went into possession of the property shortly after the contract was given and continued in possession until John J. died on October 16, 1916. After his death she remained on the place with their children, claiming to own it, and subsequently married defendant Lewis Weadel. They were in possession of the 40 acres when Amos and Emily J. Wilt died, and have so continued.

When Amos Wilt died on April 8, 1920, he left surviving as his heirs at law his widow, Emily J., two daughters, named Zelda B. Acker and Minnie B. Wilson, seven children of his deceased son, named Earl, Ray, Glenn, Hurley, Otto, Margaret, and Almeda Wilt, and also two children of his deceased daughter, named Iva Marr and Myrlen Fairbanks. It is to be noted in passing that all his children and grandchildren above-named survived and were also the heirs of his wife, Emily J., who died a short time later.

Embarrassed by uncertainties as to his legal duty under conflicting claims which confronted him, William Matier, as administrator of the estates of both Amos and Emily J. Wilt, filed his bill against all the parties to this suit, as appealed, primarily to have determined the validity of the deed of the 40 acres by Amos Wilt and his wife's guardian to John J. Wilt and his wife, Emma, and the right to its possession, or, if the deed be held valid, for an accounting as to the purchase price, and for such further or other relief as the court deemed just and equitable. Subsequent proceedings were had and process served preparatory to a final hearing with all defendants before the court. Emma Weadel (formerly John J.'s wife) answered with cross-bill claiming their contract and deed were valid, that they had taken and held possession of the 40 acres under them in good faith and expended a large amount in improving the same. An order pro confesso was entered as to some of the defendants after due proof of service. Others appeared and pleaded, asking dismissal of the bill, urging amongst other grounds that the administrator had fulfilled his legal duties as such and had no authority to institute litigation for the purposes expressed in his bill. An affidavit of regularity was finally filed, and a hearing was first had on pleadings and proofs in open court, followed by an opinion filed April 27, 1922, in which the court said in part:

‘The proceedings of the probate court relative to the sale of the interest of Emily J. Wilt, an incompetent person in the lands held by Amos Wilt and said Emily J. Wilt, his wife, by the entirety, would be, and is null and void. * * * For as much as the matter is before the court, and the pleadings as they now stand are not such that the court can finally dispose of the matter, the heirs at law may have twenty days from filing hereof to take such other legal proceedings herein as they may be advised; otherwise the bill of complaint will be dismissed.’

On June 14, 1922, a decree was filed in the case, saying in part that:

‘Based upon the recitals and law as stated in the opinions filed herein, it is hereby ordered that this cause is dismissed as to the plaintiff (William Matier) herein. It is further ordered that any heir of Emily J. Wilt claiming interest in the subject-matter of this suit may intervene therein within twenty days from this date, and that such further proceedings may be had in relation to same as may be agreeable to equity and good conscience. Unless any heir of Emily J. Wilt shall...