Baker, In re
Decision Date | 21 December 1951 |
Docket Number | No. D--7,D--7 |
Citation | 8 N.J. 321,85 A.2d 505 |
Parties | In re BAKER et al. |
Court | New Jersey Supreme Court |
Milton T. Lasher, Hackensack, appointed by the court to prosecute the matter, argued the cause for the Committee on the Unauthorized Practice of the Law of the Bergen County Bar Association.
John A. Christie, Hackensack, for respondent, Walter J. Baker.
Bernard S. White, Cliffside Park, argued the cause for respondent, Charles E. Bieber.
The opinion of the court was delivered by
This matter came before the court on a presentment by the Committee on the Unauthorized Practice of the Law of the Bergen County Bar Association. The presentment is based on facts submitted to the committee by Surrogate Donald G. Dutcher of Bergen County and Chauncey A. Phyley of the Bergen County bar with reference to the conduct of Deputy Surrogate Walter J. Baker of Bergen County and Charles E. Bieber, a title searcher working in the Bergen County Court House, in the preparation and execution of a will and a power of attorney for Walter Scott Knoph, a farmer of about 80 years of age residing in that county. The presentment states that the will after providing for specific bequests totalling $625 made Baker and Bieber residuary legatees and executors with a power of sale of real estate; that the power of attorney gave Baker and Bieber full control over all of Knoph's property in the event of his becoming mentally incompetent; that Knoph had not read the will before signing it and giving it to Baker and Bieber to lodge with the Surrogate of Bergen County for safekeeping under a practice then in vogue there; and that instead of so lodging it Bieber kept it and surrendered it only after repeated requests. The presentment states that it was made to the court 'for such further proceedings as it may deem necessary to determine whether or not the conduct of the said Walter J. Baker and Charles E. Bieber tends to bring the authority and administration of this Court into disrespect.' We thereupon issued an order directed to Baker and Bieber requiring them to show cause why they should not be adjudged guilty of contempt of court and authorizing the taking of depositions to ascertain the facts.
The depositions reveal not the mere drafting and execution of a will and a power of attorney but a sordid story of infirm, friendless old age grossly imposed upon by a public official and his co-conspirator. The testimony of Bieber and Baker alone would be sufficient to convict them. Knoph is a fruit grower owning a small farm in Ramsey appraised at $9,000. He is uncertain of his exact age but he thinks he is 79. His wife died last year while in the State Hospital for the Insane at Morris Plains. According to Baker, 'He was very bitter with his sister-in-law, because she threatened to send him to Morris Plains, claiming that he had sent her sister there, which was his wife.' Knoph had heart spells quite often that lasted on an average of three-quarters of an hour. He had a special medicine which he carried with him and he had 'one of the finest doctors in the country' from Suffern but he couldn't remember his name; 'I know his telephone number.' Baker himself testified that Knoph once said to him, The testimony and the correspondence between the parties showed that he was seeking aid about the ordinary affairs of life, such as the purchase of a lawn mower and 'bird scarers.' He expressed an aversion to both bankers and lawyers and his penuriousness led him to seek free legal advice. He was an easy prey for any adventurer and yet not altogether incapable of rising to the occasion, a characteristic which precipitated the present proceeding. Baker had been Deputy Surrogate of Bergen County for seven years and before that he had been a member of the Bergen County Police Department for 18 years. Bieber had been a title examiner for nearly 40 years. Neither of them had been licensed to practice law.
Knoph first met Baker in February, 1951, when Knoph had a neighbor take him to the surrogate's office to get help with reference to some inheritance tax waivers on his wife's property so that he could get money out of the bank. From then on until September Baker says he saw Knoph These meetings were generally held at Knoph's home; in September.
On their first meeting Knoph also wanted help with respect to the title to his property and Baker took him across to the searching room in the court house to meet Bieber. Bieber not only made a search of two pieces of property owned by Knoph and his wife, but he checked certain easements and made sketches of them for Knoph without charge. Knoph also told Bieber about the trouble he was having with the county adjuster concerning a bill for his wife's board at Morris Plains. Bieber likewise saw Knoph about once a week, generally with Baker, though he visited Knoph on at least two occasions with his wife. Both Baker and Bieber were assiduous in cultivating their 'client.'
The matter of drawing a will for Knoph came up after Bieber had finished his search of the property. Baker's testimony makes it apparent that he realized that Bieber and he were treading on dangerous ground in drafting Knoph's will: Bieber likewise testified that he knew the risk he was incurring:
'
'
The will which Baker and Bieber testified took several weeks to prepare occupied only one side of a single sheet of paper:
'In the Name of God, Amen.
'I, Walter Scott Knoph of the Borough of Mahwah, County of Bergen and State of New Jersey do make, publish and declare this my Last Will and Testament, hereby revoking any and every will by me heretofore made.
'First: I direct that all may just debts and funeral expenses be paid by my executors hereinafter named as soon after my decease as is practicable.
'Second: I give, devise and bequeath to the following:
'George Marrice, my wife's brother, of 8413 Beamley Ave., Los Angeles, California, $50.00.
George Marrice, Jr., of 8413 Beamley Ave., Los Angeles, California, $50.00.
Mrs. Arthur G. Smith, my wife's sister, of 297--15th St., Brooklyn, N.Y. $50.00.
David E. Rocher, Airmount Rd., Mahwah, N.J. $50.00.
Airmont Luthern Church, Airmont, N.Y., $100.00.
St. James Church, Ramsey, New Jersey $25.00.
Ethel Jinks, Mineola, N.Y., $25.00.
Jessie Wieber of Schenetady, New York, $25.00.
Mr. and Mrs. E. A. Roberts or surviver, of Ramsey, New Jersey, $50.00.
'Should any of the benefiriciaries under this will, object to the probate thereof, or in any wise, whether directly or indirectly, contest, or aid in contesting the same or any of the provisions thereof, or the distribution of the whole, or any part of my estate, thereunder, then, in every such event, I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary shall be absolutely barred and cut off from any share in my estate.
'I hereby give and devise and bequeath unto my Executors herein named, the full power and authority to sell and convey any and all real estate, whereof I may die seized at such times and for such prices as they may consider for the best interest of my estate. I also give _ _ for perpetual care of my Cemetery lot at Airmont Cemetery, Airmont, New York. All the rest, residue and remainder of my estate real, personal and mixed I do give, devise and bequeath to Walter J. Baker and Charles E. Bieber, absolutely.
'Lastly, I nominate and appoint my two faithful friends Walter J. Baker and Charles E. Bieber Executors of this my Last Will and Testament, and I further direct that my said Executors shall not be required to give any bonds for the faithful performance of their duties in any court or jurisdiction.
'In Witness Whereof, I have hereunto set my hand and seal this 6th day of June, 1951.
'Walter Scott Knoph (L.S.)
'Signed, sealed, published and declared by the said Walter Scott Knoph,...
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