Bachman v. Beach

• Citation: 240 Mich. 342,215 N.W. 291
• Decision Date: 03 October 1927
• Docket Number: No. 3,April Term.,3
• Parties: BACHMAN et al. v. BEACH et al.
• Court: Supreme Court of Michigan

240 Mich. 342

215 N.W. 291

BACHMAN et al.

v.BEACH et al.

No. 3, April Term.

Supreme Court of Michigan.

Oct. 3, 1927.

Appeal from Circuit Court, Wayne County, in Chancery; Charles E. White, Judge.

Suit by Albert C. Bachman and others against Marguerite Beach and others. Decree for plaintiffs, and defendants appeal. Reversed, and bill dismissed.

Argued before the Entire Bench, except SNOW, J.

Frederick A. Schopp, of Detroit, for appellants.

S. Homer Ferguson; of Detroit, for appellees.

BIRD, J.

[1] This is a chancery proceeding to set aside a deed to a house and lot in the city of Detroit, made by Christine Bachman to her daughter, Marguerite Bachman. The reason alleged why it should be set aside was that Christine was mentally incompetent and was unduly influenced at the time she made the deed. At the conclusion of the hearing the trial court set the deed aside, and the defendants appeal.

The record discloses that Christine Bachman was a sturdy French woman, having been born and reared in France. She and her husband had raised a large family, eight in number, six of whom are plaintiffs in this suit. The youngest daughter, Marguerite, and her husband, Harry L. Beach, are defendants. One son, Sherman Bachman, is not a party to the litigation.

When Marguerite, the youngest daughter, was 14 years of age, she was taken out of school to care for the household and her mother, who had suffered a slight stroke of paralysis. The rest of the family were all married and had homes of their own, save one son, Sherman, who resided with his mother. Marguerite took charge of the household and cared for it, and attended to the wants of her mother. Sherman Bachman lived with them and paid his board. Marguerite attended to her mother's financial and banking business according to her directions. She rented a part of the homestead and they received the sum of $35 per month, and this and the money which Sherman paid for his board was mainly what they had to depend on. Matters went along in this way until 1923, when Christine had a second stroke of paralysis, which affected her left side. This increased the duties and responsibility of Marguerite. After that Christine was unable to do much physical work. Her mind, however, did not appear to be impaired. The stroke left her with an impediment in her speech. She sat on the porch and walked around in the yard, and did such work as her health would permit.

In 1923 the plaintiffs got the notion that their mother should live around with the children and the house either rented or sold, and they made an application to the Wayne probate court to appoint a guardian for her. Christine employed Mr. James H. Lee, a very reputable attorney of Detroit, and a hearing was had, and Christine was examined by the court, and the application was denied. This appears to have made Christine very angry, and soon after she sent for Mr. Lee and requested him to make a deed of her house to Marguerite. The deed was made and read over to her, and she signed it. In signing it she requested Marguerite to steady her hand, her malady had made her hand unsteady. Mr. Lee and his wife witnessed the deed and it was afterwards placed of record. Christine stated, after she had signed it, that Marguerite was a good girl and had taken splendid care of her and she wanted her to have the home to repay her for what she had done. Both Mr. and Mrs. Lee testified to her competency, and that they saw nothing to indicate that she was any way influenced by any one else. Mr. Lee testified that Christine sent for him and told him what she wanted to do, and got her own deed and gave it to him so he could get the description of the premises, and that she did this without the aid of any one.

There were the usual number of witnesses on both sides of the...