Addis v. Grange

Citation358 Ill. 127,192 N.E. 774
Decision Date17 October 1934
Docket NumberNo. 22420.,22420.
PartiesADDIS v. GRANGE et al.
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

Bill by Nancy Margaret Addis against Pearle H. Grange and others. From a decree dismissing the bill, complainant appeals.

Reversed and remanded, with directions.

Appeal from Circuit Court, Stark County; Joseph E. Daily, judge.

F. B. Brian, of Toulon (Harry C. Heyl, of Peoria, of counsel), for appellant.

L. M. Burkey, of Toulon, for appellees.

JONES, Chief Justice.

This is an appeal from a decree of the circuit court of Stark county dismissing the bill of complaint for want of equity. The bill as amended charged that complainant, Nancy Margaret Addis, was the owner of certain real estate in Toulon, where she made her home; that she was enfeebled by age and disease; that her daughter Pearle H. Grange, and her banker, E. H. Lloyd, occupied a fiduciary relation toward her; that they conspired to deprive her of said real estate for their own benefit, and, while she was ill and unable to know and appreciate the nature of her act, they procured a deed from her conveying the property to the defendant Pearle H. Grange. The bill prayed for a cancellation of the deed and for other appropriate relief. All proper parties were made defendants. The cause was referred to a master, who reported the testimony without conclusions of fact or law.

On January 21, 1933, the date of the deed, the complainant was a widow ninety years of age. She was the mother of four children: Frank V. Addis, a son, who died shortly after the date of the deed; Florence O. Boyd, Eva B. Kayser, and the defendant Pearle H. Grange, her daughters. For many years she had lived on the property here involved. Mrs. Grange is the wife of Arthur H. Grange, her codefendant. They, with their daughter, made their home with Mrs. Addis from 1909 until 1926, when they moved to Galesburg. Mrs. Addis was in poor health a great portion of the time, and frequently one or more of her daughters visited her and gave her care and attention. She was the owner of a small amount of personal property, her residence in fee, and a life estate in 240 acres of farm lands. During his lifetime, her son, Frank, aided her largely in the management of her business affairs. She was the executrix of her husband's will, and Frank assisted her in the administration of the estate. She did almost all of her banking business at the State Bank of Toulon, where she had been a customer more than twenty years. The above-mentioned E. H. Lloyd was connected with that bank for forty years, and on the date the deed was made he was president and the owner of more than 20 per cent. of the capital stock. Mrs. Addis frequently consulted him about her business affairs, and largely relied upon his judgment and advice. Mrs. Grange and her husband had not been financially successful. She became indebted to the State Bank of Toulon in excess of $9,000. She had been the owner of an undivided one-fourth interest in the farm in which her mother owned a life estate, but had conveyed that interest to her daughter. She and her husband were unable to pay their grocery bills and current expenses. His creditors threatened to file a petition to adjudge him a bankrupt, and in order to forestall it Mrs. Addis obtained a loan from the State Bank of Toulon for $1,500. She became seriously sick in January, 1933, and was confined to her bed over a month. On January 18 she executed a will devising to her four children all of her property in equal shares. Three days later the deed was made. When she recovered from her illness, she demanded that her daughter reconvey the homestead to her. Her request was not complied with, although Mrs. Grange and her husband tendered a quitclaim deed conveying the premises to Mrs. Addis for and during her natural lifetime.

There is little controversy over the circumstances surrounding the execution of the deed except as to the mental condition of Mrs. Addis. The testimony offered by her tends to show that she was mentally incapable of knowing and appreciating her act in executing the deed. The evidence on the part of Mrs. Grange tends to show that her mother did comprehend the business at hand. Many of the facts which are necessary to a decision of this case can be gathered from the evidence of E. H. Lloyd, who was called as a witness by Mrs. Grange. His story is that he was called by telephone to the home of Mrs. Addis by someone, but he was unable to identify the person. He responded to that call and went to her home. She was in bed, and the only persons there besides her were her nurse and Mrs. Grange. He says Mrs. Addis asked the ladies to leave the room, as she wanted to talk to Lloyd privately, and that, when they had withdrawn, she told him she wanted to make a will giving her home property to Mrs. Grange and dividing all the remaining property among her children in equal shares. She expressed a fear that this would occasion trouble among her children, and inquired if he could make a will which could not be set aside. He replied that, if her purpose was to give Mrs. Grange the home, it would be better to make a deed to that property. Mrs. Addis then said that Mrs. Grange had been kind to her and after her death she wanted Mrs. Grange to have the home. Lloyd said he would prepare both a will and a deed to carry out her desires. He went to his bank, in which his son was employed, and directed him to draw both instruments. Whether the deed was prepared that day or not is uncertain from the record. Lloyd testified he again proceeded to the home of Mrs. Addis and read the will to her and that she stated it was in accordance with her wishes. It was signed by Dr. E. B. Packer, attending physician, the nurse, Minnie R. Gettler, and Dorothy Walker, an employee of the Toulon State Bank. At the time of the trial Miss Gettler was dead. Lloyd further testified that on January 21 he went to the home of Mrs. Addis with the deed, and that no one except himself and Mrs. Addis was in the room at the time she signed it. It was acknowledged before Dorothy Walker, an employee of the bank. After the execution of the two instruments, they were kept by Lloyd until March 6, 1933, when he delivered them to Mrs. Grange's husband.

The third clause of the will was as follows: ‘I hereby nominate and appoint Ernest H. Lloyd, of Toulon, Illinois, my closest friend and adviser, to be the executor of this will, and I hereby give him authority to sell, bargain, convey, warrant and dispose of any of my property, real or personal, to the end that this will be fulfilled and executed, giving him also, power to sign any instrument or conveyance or covenant to that end.’ Lloyd admitted that Mrs. Addis looked upon him as her closest friend, and that he had advised her on business matters, paid bills for her, and felt more or less interested in her. The fiduciary relationship between him and her was fully established. It was his duty to protect her, so far as he reasonably could, from an unfair and prejudicial alienation of her property. Dowie v. Driscoll, 203 Ill. 480, 68 N. E. 56;Berry v. Egan, 291 Ill. 377, 126 N. E. 121. His reaction to his duty is disclosed by his own testimony. He stated that he did not think it was any of his business to advise her not to give her home away, but that, if he had been her conservator or guardian, he might have...

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19 cases
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    • United States
    • United States State Supreme Court of Mississippi
    • 10 Junio 1935
    ...... Thornton v. Perry, 36 Miss. 190; Huguenin v. Beasley, 14 Ves. 275, 33 Eng. Rpts. 526; Addis v. Grange, 358 Ill. 127, 192 N.E. 774; Schrader v. Schrader, 298 Ill. 469, 131 N.E. 602; ......
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