Baltimore Humane Impartial Soc. and Aged Women's and Aged Men's Homes v. Pierce

• Decision Date: 09 June 1904
• Citation: 58 A. 26,99 Md. 352
• Parties: BALTIMORE HUMANE IMPARTIAL SOC. AND AGED WOMEN'S AND AGED MEN'S HOMES v. PIERCE et al.
• Court: Maryland Court of Appeals

58 A. 26

99 Md. 352

BALTIMORE HUMANE IMPARTIAL SOC. AND AGED WOMEN'S AND AGED MEN'S HOMES

v. PIERCE et al.

Court of Appeals of Maryland.

June 9, 1904.

Appeal from Circuit Court No. 2 of Baltimore City; George M. Sharp, Judge.

Suit by the Baltimore Humane Impartial Society and Aged Women's and Aged Men's Homes against Elisha Pierce and others. From a decree for defendants, plaintiff appeals. Affirmed.

Argued before McSHERRY, C. J., and FOWLER, BRISCOE, BOYD, PEARCE, SCHMUCKER, and JONES, JJ.

Leigh Bonsai, for appellant.

George W. Cameron, for appellees.

BRISCOE, J. The appellant is a body corporate, duly incorporated for a charitable purpose, having for its object the care of aged women and men, who are without the means to provide for themselves a comfortable home. It appears from the record that on the 6th day of April, 1893, the appellee Elisha Pierce, a resident of Baltimore City, and about 70 years of age, was admitted as an inmate of this institution under the following admission contract, which, according to the rules of the institution, had to be signed by the applicant, and also in his behalf by two responsible persons, as sureties:

"Contract.

"We, the undersigned, at the instance and request of Elisha Pierce, who is about to be admitted into the Aged Men's Home, of the above named corporation, hereby covenant that he shall at all times yield due submission to the discipline, rules, and regulations of the said corporation, of said home, or its superintendent and should said applicant, in the judgment of the board of managers thereof, fall to do so, they being the sole and exclusive judges thereof, or should he be afflicted with ungovernable insanity, we will at once remove said applicant from said institution and release the institution from his supports to which said applicant testifies his assent, by writing herein, and likewise so covenants. Done in consideration of such admission this sixth day of April 1903. Elisha Pierce. [Seal.]

"Party applying in behalf of applicant.

"George W. Pierce. [Seal.]

"H. M. Brewer. [Seal.]"

It also appears that another requisite for admission to the institution was that the applicant and two responsible persons, as sureties, should sign a contract and covenant to the following effect:

"We the undersigned, do hereby covenant and declare that Elisha Pierce about to be admitted into the Aged Men's Home of the above named corporation hath not now any property and is not the recipient of any income from any source whatever, and do also covenant that should he by any devise, legacy or otherwise, become the owner of any property whatever, we will have the same, with any now owned, conveyed and transferred to the said corporation, in obedience to this covenant, and by this instrument he grants to the corporation, above named, all his right and title to any and all property of which he is now seized and possessed or to which he hath any right or title. This done in consideration of such admission and the applicant hereby constitutes the Treasurer thereof, for the time being, at his death, executor of this instrument, which is to operate as a last will and devises to said institution his entire estate real and personal, by these presents, of whatsoever kind and wheresoever situate, as witness our hands and seals this 6th day of April, 1893.

"Party applying hereby seals as applicant, covenantor and testator, in behalf of applicant as sureties and witnesses to this instrument by him declared to be his last will and witnessed by us at his request as such in his presence and in the presence of each other. George W. Pierce. [Seal.]

"H. M. Brewer. [Seal.]" The appellee was admitted into the institution under the foregoing contract, notwith standing it appears he failed to sign the last-named contract, and remained there for 10 years.

On the 4th of November, 1903, his son, George W. Pierce, one of the sureties on the contract, died intestate, and Elisha Pierce being entitled to his estate, amounting to about $4,000, the appellant filed the bill of complaint in this case. The prayer of the bill is that "a decree be passed declaring that all property which, under the laws of Maryland, would be payable by the administrator of George W. Pierce to Elisha Pierce is the property of the appellant, as assignee of Elisha Pierce, and as...