Aldrich v. Aldrich

• Decision Date: 03 April 1919
• Docket Number: No. 12426.,12426.
• Citation: 287 Ill. 213,122 N.E. 472
• Parties: ALDRICH et al. v. ALDRICH et al.
• Court: Illinois Supreme Court

287 Ill. 213

122 N.E. 472

ALDRICH et al.

v.ALDRICH et al.

No. 12426.

Supreme Court of Illinois.

Feb. 20, 1919.

Rehearing Denied April 3, 1919.

Appeal from Circuit Court, Hancock County; Harry M. Waggoner, Judge.

Action by George W. Aldrich and others against John C. Aldrich and others for partition of 240 acres of land inherited by plaintiffs and defendants from their father George H. Aldrich, deceased, in which a cross-bill was filed by Horace Aldrich, one of the defendants, praying for specific performance of an alleged contract with his father, George H. Aldrich, for conveyance of 160 acres of said land. From a decree partitioning the land as prayed in the original bill and dismissing the cross-bill for want of equity, the defendant Horace Aldrich appeals. Reversed and remanded, with directions to dismiss the original bill as to the 160 acres and grant the relief prayed in the cross-bill.O'Harra, Wood & Walker, of Carthage, for appellant.

Scofield, Hartzell & Califf, of Carthage, Mack & Mack, of Chicago, and Sterling P. Lemmon, of Augusta, for appellees.

CARTER, J.

An original bill was filed by George W. Aldrich in the circuit court of Hancock county for the partition of 240 acres of land among the seven children of George H. Aldrich, deceased. A cross-bill was thereafter filed in said cause by Horace Aldrich, one of the defendants in the original bill, praying for the specific performance of an alleged contract with his father, said George H. Aldrich, for 160 acres of said land, constituting what was known as the ‘home farm.’ After the issues were joined the cause was referred to a special master to take the evidence and report his conclusions. The master reported, recommending a decree in favor of Horace Aldrich as prayed for in said cross-bill and that the original bill should be dismissed as to said 160 acres for want of equity. The trial court sustained exceptions to the master's report and entered a decree that the whole 240 acres, including the home farm 160, be partitioned as prayed for in the original bill, and the cross-bill was dismissed for want of equity at the costs of Horace Aldrich, who prayed an appeal from that decree.

George H. Aldrich died in 1913 at the age of 83, owning a farm in Fountain Green township, in Hancock county, which he had owned and resided on for many years prior to his death. He left four sons and three daughters, viz. John C., George W. Horace, and Stephen D. Aldrich, and Amanda Conkey, Emma Coleman, and Mary Booker. All these children were married at the time of his death, and all of them had left the home place before his wife's death, in 1905, except Horace and John. John continued to live there until his marriage, when he moved to the 80-acre tract owned by his father not far from the home farm. Horace continued to assist the father on the home place. At this time, the evidence tends to show, Horace had been married for years, and his family then lived in La Harpe, in said county, several miles from the home place. The evidence also tends to show that, after the mother's death, Horace, with some assistance from his father, carried on the farm and also did the housework, cooking for both himself and his father, and doing any other work necessary in order to care for the house, going to La Harpe to visit his family occasionally; that he was doing this from the time of his mother's death until the spring of 1907.

Ross Bright, who had been working for some time for them on the farm, testified that during the early part of that year he heard a conversation in the kitchen of the house on the home place between George H. Aldrich and his son Horace, to the effect that the father told Horace that if he would bring his wife and children out there, and stay with him and care for him for the rest of his life, he could have the farm and what personal property he had; that he wanted them to come out and stay with him and care for him, and do his washing and cooking, as he was getting too old to care for himself and did not want to stay there by himself; that Horace in reply stated that he would do so, and that year moved his family and some furniture from La Harpe out to the farm; that witness continued to work on the farm for several years thereafter. He testified further that Mrs. Horace Aldrich and her family came to the farm and took care of things, and that several times thereafter he heard Horace ask his father whether certain things should be done with reference to the farm, and the father would answer, ‘It belongs to you; do just as you please about it.’

Witness Spiker testified that he was a farmer and had known George H. Aldrich for 35 years; that he had seen him frequently during the last years of his life, both at La Harpe and at the home farm; that about 8 or 9 months prior to Aldrich's death witness called at the home place, and during a conversation the father told him--

‘that Horace was the only child he had that he could live with, and he calculated he had given Horace the home farm; that Horace was the only child that would come out there and take care of him; that they treated him well, and that he had given the place to Horace.’

A score or more of neighbors and acquaintances testified to various conversations that they had had with George H. Aldrich, or that they had heard between him and others, in which he stated that the land at that time belonged to Horace, or that he was going to give it to Horace, or that he had no further interest in the farm. These witnesses testified to statements substantially as follows:

‘Yes; I have given him this 160 acres of land; he has been good to me;’ that ‘when I am dead and gone this 160 acres goes to Horace;’ that ‘he had given Horace the farm for taking care of him.’

Two witnesses testified that they heard the old gentleman say, in substance, that he intended to have Horace take him to town so that he (the father) could make a deed for the place; one of them stating that this was said on a morning when the old gentleman said he was going to town with Horace, but was feeling so poorly he could not go. Another witness testified that the father talked to him as to whether an outlet drain ought to be made on the farm, and said, ‘See Horace about it.’ Another witness was also told by the father to see Horace about certain hay on the farm; that he had nothing to do with the farm. Another witness who desired to rent some land was directed by the father to see Horace; the father stating that Horace had more land than he could attend to, and perhaps would rent some of it. Some of the witnesses were directed by the father to see Horace about certain things they thought necessary to be done on the farm; these statements by the father indicating that he considered Horace was in charge and owned the land. Another witness stated that the old gentleman said to him he was ‘going to give Horace that quarter section of land; that Horace was the best of the bunch.’ These neighbors and acquaintances, many of them, testified to other facts that indicated that during the last years of George H. Aldrich's life the farm was managed and controlled by Horace as if it was his own, although some of the facts that they testified to might be consistent with the theory that Horace was only working the farm as a tenant, as contended by appellees.

On the part of appellees ten or more witnesses testified to conversations with George H. Aldrich which indicated that he still claimed to own the home farm, and proof was offered showing that he had paid the taxes on said quarter section for the years from 1908 to 1912, inclusive. Several of the appellees testified to certain statements alleged to have been made by Horace after his father's death which would tend to show that he did not then claim that his father had given him the farm, as alleged in the cross-bill. One of these witnesses testified that Horace said that, if appellees had not made trouble about a certain certificate of deposit for $2,100, which he apparently had in his possession at his father's death, he would not have made trouble about the land. Other appellees testified that Horace said he intended that two of the sisters should have their share of the land, but did not intend that the other children should. Another witness testified to the effect that after the father's death he was told by Horace that the land was to be sold, and that if he (the witness) desired to buy he had better to ahead and look the farm over. There is testimony, also, of other statements claimed to have been made by Horace that would be inconsistent with his claim of ownership. Most of these statements Horace denied, when he took the stand in the trial court and gave evidence in rebuttal. Two of the appellees testified to hearing Horace state that he could get Ross Bright and Bright's father and two others to testify to anything for $25 apiece, and that he could prove by them that he had a contract with his father to give him the home farm.

There is much testimony found in the record as to the care given the father during the time that Horace was living with him. Most of the near neighbors testified that Horace and his wife took good care of the house and of his father, and the doctor who prescribed now and then for the father during the last eight or ten years of his life and cared for him in his last sickness, gave testimony tending to show that they took good care of the house and as good care, under the circumstances, as could be given to an old man in that physical condition, and there is no testimony by any of the near neighbors to the contrary, although there is testimony by some of the appellees that the house was frequently in a very unsanitary condition when they were out there visiting and that the father did not receive proper care by Horace and his wife. There is no testimony by any one that the father ever complained that he was not receiving proper care or ever wanted to leave or...